Clean Break Consent Order

It is a common misconception amongst separating spouses that simply obtaining a divorce will also bring an end to the financial matters. However, the financial claims between a married couple do not end upon final divorce order (previously decree absolute); they remain live until dismissed by way of a separate Court order. Even in circumstances where there are no assets to divide, it is important for there to be a separate clean break order to ensure that the financial ties are severed both during the parties’ lives and upon death.

What is a clean break order and why do I need one?

A clean break order is a legally binding document ending all financial ties between a married couple. Once a clean break order has been sealed by the Court, neither party will be able to claim against each other’s assets, both during life and upon death (i.e. neither party will be able to contest the other’s Will). A clean break order is usually made when a divorcing couple does not have any assets or liabilities to divide between them, for example when the former family home is rented.

A clean break order could also be an option for divorcing couples who have already divided their assets and as a result have become financially independent from each other and wish to formalise the agreement in a legally binding manner to ensure that neither party can renege on the agreement by seeking further financial provision. In this case, the clean break order would simply record how the assets have been distributed, for example that the former family home has been sold etc and dismiss all future financial claims between the parties.

How do I obtain a clean break order?

A family solicitor can draft a clean break order reflecting the agreement for there to be a clean break and once signed by both parties, it will need to be filed with the Court for a Judge to consider. It is not possible to obtain a clean break order without getting a divorce and the divorce itself must have reached conditional order stage.

The clean break order is filed alongside a Statement of Information for a Consent Order, which is a form providing a snapshot of both parties’ financial positions at the time the clean break order is filed with the Court. The Court requires this information in order to decide whether a clean break is fair in the circumstances of the case, and therefore whether to approve a clean break consent order. The clean break order becomes legally binding upon it being sealed by a Judge. There is no other way for a divorcing couple to obtain a legally binding document in relation to their finances.

If you wish to enquire about a clean break order, please do not hesitate to contact a member of the Everys Family team by emailing FamilyNewEnquiries@everys.co.uk or call
01392 477983 .