Clean Break Orders:
A clean break order is an order imposed by the court or achieved by consent between 2 parties to a divorce. It can be filed at court or made by the court any time after declaration of the decree nisi and is effective upon the decree nisi being made absolute.
Such order essentially severs all financial ties between spouses at the end of their marriage and can be obtained by pursuing a financial remedy order once the divorce proceedings are up and running.
When considering how to divide assets of a marriage, the starting point is equality. The court will then reflect upon various statutory factors contained within The Matrimonial Causes Act 1973 when considering whether either party should receive more than 50%.
If you do not secure a clean break order at the end of your marriage you can be exposed to a future application for a financial remedy order at any time in the future (until your ex-spouses remarriage).
There have been high profile cases where the court has allowed and granted financial relief to an ex-spouse many years following the divorce and where one party’s financial position has deteriorated whilst the other has flourished.
If you do not secure a clean break order at the end of your divorce and you subsequently acquire property, you inherit or you win a sum of money; you may be at risk of your ex-spouse pursuing a claim against your new found wealth. Therefore such orders not only protect those with assets but those without.
For expert family law advice, please contact a member of the team at Bevirs Law.
Michelle Bowyer 23.10.2018