What is a Clean Break Order?

A clean break order is a legal arrangement designed to sever financial ties between divorcing or separating couples, ensuring that neither party can make future financial claims against the other.

This type of order can provide certainty and real reassurance, allowing both individuals to move forward independently with their lives. At Symes Bains Broomer, we understand the importance of clear and final settlements in divorce proceedings. In the following sections, we will explain the benefits, process, and considerations involved in obtaining a clean break order, helping you to determine if it is the right option for your situation.

What is a Clean Break Order?
Faith Carvill - Family Law
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Purpose of a Clean Break Order

The main purpose of a Clean Break Order is to ensure that there are no ongoing financial ties between ex-spouses. This means that neither party can make future claims against the other’s income or assets once the order is in place.

Key Elements of a Clean Break Order

  • Asset Division: Specifies how assets and liabilities will be divided between the parties.
  • Spousal Support: Terminates the possibility of future spousal maintenance claims.
  • Pension Sharing: Details any pension sharing arrangements.
  • Property Rights: Clarifies the ownership and division of any property.
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Family matters are deeply personal. We give clear, practical advice and steady support, so you always know your options and the best next step.
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Benefits of a Clean Break Order

Clean Break Orders offer several benefits, including:

  • Providing financial independence and closure for both parties.
  • Preventing future financial disputes and claims.
  • Allowing both parties to move on with their lives without financial entanglements.
  • Providing a clear and legally binding agreement on financial matters.

When to Consider a Clean Break Order

A Clean Break Order might be particularly suitable if:

  • Both parties have similar earning capacities and do not require ongoing financial support.
  • There are no significant assets or ongoing financial commitments that need to be managed jointly.
  • Both parties wish to achieve financial independence as quickly as possible.

Legal Requirements for a Clean Break Order

For a Clean Break Order to be legally binding in the UK, it must meet certain requirements:

  • It must be approved by a court, even if both parties agree to it.
  • Full financial disclosure must be made by both parties.
  • The agreement must be fair and reasonable to both parties.
  • Both parties must have obtained independent legal advice.

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