The Importance Of Obtaining A Clean Break Order

• Published date: 05 September 2023
• Subject Matter: Family and Matrimonial, Family Law, Divorce
• Law Firm: Myerson Solicitors LLP
• Author: Myerson Solicitors LLP

What is a clean break order?

A clean break is a type of financial settlement that dismisses any future claims parties may make against the other.

It is a court order that legally cuts financial ties between you and your former partner.

The effect of a clean break order is to:

• terminate the financial obligations of each party towards the other in life and or death, and
• bring the financial proceedings between the parties to a final conclusion.

If you want the certainty of knowing that neither party can make any further claim against the other in life or on death, you need to consider entering a clean break consent order.

Myerson's Family law team explore clean break settlements, spousal maintenance, and financial consent orders.

What is a financial consent order?

If you are thinking about applying for a divorce or dissolution of a civil partnership, it is important that you also think about financial matters.

Obtaining a final order or decree absolute in respect of a divorce only serves to officially end the marriage or civil partnership and does not prevent either party from making a claim for financial relief.

A financial consent order is a formal court document that sets out the agreement reached between you and your spouse or civil partner.

It explains how you are going to divide up assets, including pensions, property, savings, and investments.

Although you and your spouse or civil partner may agree to the principle of a clean break, it is the order of the court to dismiss those claims that achieve the finality of a clean break order.

It is possible to submit a financial consent order to the court for approval after you have received your Conditional Order or Decree Nisi.

The consent order will only take effect after the Final Order or Decree Absolute has been pronounced.

We would usually advise delaying applying for your final order or decree absolute until you have resolved financial matters.

Is the court under a duty to make a clean break?

The court is under a duty to consider whether it will be appropriate to exercise its...