Clean Break Orders And Your Divorce
Join 1000's of Authors at StreetArticles Today!

Negotiations over a financial settlement when divorcing can add huge amounts of stress to what is already a very difficult situation. Financial settlements can bring together many different factors such as child maintenance, splitting up savings and other capital, how to divide pension schemes, interim maintenance and splitting property. Coming to an arrangement which keeps both parties happy is not simple.

You may have heard about a Clean Break Order, but what exactly is this is and how does it affect a divorce? In what circumstances does it apply? Here’s where we can help.

Financial Clean Break Order

The proper name for this sort of court ordered settlement is a Financial Clean Break Order, although it is often just called a “Clean Break”. It is designed to settle all financial claims for spouses going through divorce. Once the Clean Break has been agreed and finalised, neither party will be able to make a claim for payments or maintenance in the future. It is therefore a complete clean break from the spouse. Clean Break agreements cannot be reached when children are involved and maintenance payments are required. Children always take priority in the courts, and Clean Breaks are not allowed when children are involved. Clean Break Orders are most often used when divorcing couples have no children, or when any children are over the age of 18.

How Does It Work?

If there are no children involved, and you have agreed with your spouse about how best to split up the family assets, then a Clean Break Order is easy to obtain. The order is first drafted by a lawyer, then approved and signed by both parties before it is sent off to the court. In most cases, court appearances will not be necessary, and if the court needs any further information, this can be supplied in a letter.

If you’re not entitled to a Clean Break Order at present, this does not mean that you can’t apply for one at some point in the future. If you and your spouse know that something which changes circumstances is due to happen (such as your youngest child reaching their 18th birthday) it is possible to apply for a Deferred Clean Break which comes into effect at a later date.

Courts are usually more than happy to approve a clean break order when it has been drafted, but this is not automatic. Sometimes, if the process is very clearly loaded in favour of one party, the court has the power to refuse to make the order. These powers are only used occasionally.

Advantages of a Clean Break Order

The clue to the main advantage of a clean break order is in the name. It gives you the chance to make a clean break from a spouse without any future financial ties. It puts an end to any claim you might have over assets in the future, which gives peace of mind that a former spouse can’t make claims against any property or inheritance you may come into as time passes.

If no clean break order is put in place, an ex-spouse could potentially demand a share of a jackpot win on the lottery or an inheritance from a long-lost aunt, even if this comes many years after you have divorced. Clean breaks allow you to be sure of your future and your finances.

When Clean Breaks Backfire – Two Case Studies

If both parties have reached an agreement about how to split up the family finances, is going through the process of a clean break order really necessary? Why spend good money on legal advice unnecessarily? Doing it yourself and splitting without a clean break order from the court can be a risky strategy. Two real cases we’ve come across in the past are:

1. A couple who had few shared assets decided to split and didn’t get a clean break order. After the split, one of them had a big win on the pools. When the ex-spouse heard about the win he made a claim for a share of the winnings. As there was no clean break order in place, the court ordered that the winner hand over a substantial portion of their winnings, which wasn’t exactly a welcome outcome.

2. An older couple made their own arrangements about who got what after a divorce. They each kept their own money, and took one property each. 10 years after the divorce, the wife made a claim to court for a share of her ex-husband’s house, which was still in joint names. Although the court rejected the claim, the legal case dragged on for ages, through numerous appeals and hearing. The ex-husband, who was in his 80s, had to endure the stress of this case through his twilight years.

Clean Break Orders Are Not Always Suitable

As the idea behind a clean break order is to make both parties to the divorce independent of each other, depending on the circumstances they are not always possible. If one spouse earns considerably less than the other spouse, or doesn’t work at all, a clean break would not be appropriate as dividing the assets would not give each party enough money to each set up a new home. In these sorts of circumstances one spouse would be expected to make either a lump sum payment or pay regular maintenance in the future, which makes clean break agreements impossible. If you need divorce advice, go to The Divorce Solicitors.


Street Talk

No comments present
You May Also Like
Heirs According to Shariah Principles Of Succession
Shariah lays down the relations that qualify as heirs following the death of an individual. The deceased's estate can only be transferred to persons who qualify as heirs under Shariah Law principles. Anyone who does not qualify as an heir gets nothing from the estate. The first step followed by…
By: Hassan Elhais in  Legal   Jun 07, 2016  
0
  Likes: 0

The Patent (amendment) Rules, 2016
Draft Patent (Amendment) Rules, 2015 proposing amendment to the Patent Rules, 2003, was issued by Ministry of Commerce and Industry on October 26, 2015 and has invited comments from the public. The Government of India has now published Patent (Amendment) Rules, 2016 (Rules) vide notification dated May 16, 2015 amending…
By: singhania in  Legal  >  National State Local   Jun 07, 2016  
0
  Likes: 0

Criminal Law About Finance
Banks and financial institutions are a part of everyone’s life. The financial relationship between a person and his bank is government by documents and agreements. In the event of loans, especially mortgages, this relationship is beneficial but can become complicated, especially when issue arises of default. If An individual with…
By: Hassan Elhais in  Legal  >  Criminal Law   Jun 05, 2016  
0
  Likes: 0

End Of Service Benefits Comparison Of Gratuity Under the UAE Labor Law And Difc Laws
Employees are eligible for Gratuity at the end of completing a full years of service. This gratuity is calculated as 21 days of salary. Salary in this case excludes any allowances for housing or car etc and considers the basic salary of the employee. Both the DIFC Law and the…
By: Hassan Elhais in  Legal  >  Labor Law   Jun 05, 2016  
0
  Likes: 0

Criminal Law About Fraud
Federal Law No.(3) For the Year 1987 on Passing Penal Code Article No.399: "Shall be punishable by confinement or by a fine any individual who, by using fraudulent practice, assuming a false name or quality, takes possession for himself or for others of any movable property or written instrument, or…
By: Hassan Elhais in  Legal  >  Criminal Law   Jun 02, 2016  
0
  Likes: 0

Family Law - Marriage Dissolution
The dissolution of a marriage is a legal act that may not coincide with the emotional tearing asunder. Divorce is typically a painful process for all concerned. While it can take adults time to regain psychological equilibrium, there is also a threat to be involved in a court proceeding claiming…
By: Hassan Elhais in  Legal  >  Family Law and Divorce   Jun 02, 2016  
0
  Likes: 0

Always Be Prepared And Equipped With Knowledge Of Construction Law!
The construction industry in Dubai is one of the largest sectors that are contributing towards economic growth and development. The economy has received boost as the number of construction projects are increasing. Specifically, the government has sought to provide incentives for construction companies so that the sector can contribute towards…
By: Tania Jelinek in  Legal  >  Corporations LLC   Jun 01, 2016  
0
  Likes: 0

Things You Need to Understand About Women's Handbags
Women's purses are like diamonds, sneakers together with other manner add-ons. Women's handbags absolutely are a woman's ally. You cannot consider females without having purses. They often carry purses wherever they go within a day-to-day foundation for his or her benefit.Currently, women's handbags are definitely the critical vogue statements. Handbags…
By: moschinoonline in  Legal  >  Elder Law   May 31, 2016  
0
  Likes: 0

Any Growing Great Need Of Technology With Our Modern Resides
As handful of stated, that systems has constructed living much more comfortable in the modern day scenario; instead technology provides a vital job in shaping everything to cause it to be comfortable for folks human beings. It is just not a method of at this time but this has been…
By: faiqa in  Legal   May 30, 2016  
0
  Likes: 0

Compounds And Know - how In Redoxy Serum
Redoxy serum is actually a new supplement from Gain Legacy Malaysia. That it was launched to your market with South East Asia considering March, 2014. Redoxy serum is often applied from look at toe, and works for both males and females, old plus young, and perhaps baby and women that.…
By: faiqa in  Legal   May 30, 2016  
0
  Likes: 0

5 Tips for Starters With Online Dating Service
For anyone fresh to online internet dating, it is critical to work the time and energy to get a safe in addition to relevant internet dating site though also giving the well written profile. Here usually are several significant steps for starters with online dating service: Identify some sort of…
By: faiq1 in  Legal   May 30, 2016  
0
  Likes: 0

Extradition: Conditional Requirement
Terms and conditions to be applied when delivering a suspect are set out in Article 7 of Law No. 39 these state that: 1. The crime must be considered an offense, be punishable in both countries and punishment must be imprisonment. 2. The crime that is the subject of extradition…
By: Hassan Elhais in  Legal  >  Criminal Law   May 30, 2016  
0
  Likes: 0

5 Tips to Begin With Online Dating Services
For anyone new at all to online online dating, it is crucial to do the persistence to discover a safe along with relevant online dating site even though also delivering the well crafted profile. Here are generally several critical steps to begin with online dating services: Identify a new preferred…
By: faiq1 in  Legal   May 30, 2016  
0
  Likes: 0

Components And Engineering In Redoxy Serum
Redoxy serum can be a new merchandise from Go back Legacy Malaysia. It absolutely was launched for the market regarding South Far east Asia given that March, 2014. Redoxy serum may be applied from check out toe, and works for people, old and also young, and also baby and expecting…
By: faiqa in  Legal   May 30, 2016  
0
  Likes: 0

A Growing Significance Of Technology In the Modern Everyday Life
As few stated, that know-how has designed living more at ease in the actual scenario; instead technology contains a vital factor in shaping the modern world to cause it to comfortable for many people human creatures. It just isn't a event of now but remember that it is a consistent…
By: faiqa in  Legal  >  Real Estate Law   May 30, 2016  
0
  Likes: 0

Article Views: 853    Report this Article