When a marriage comes to an end, it is important to consider not only how assets will be divided, but also whether the financial relationship between the parties should continue.
A clean break order brings the parties’ financial claims against one another to an end and causes the parties to be financially separated. Once implemented, neither party can generally return to the court in the future to seek further financial provision from the other.
What does a clean break mean?
A clean break can prevent either party from making future claims for certain types of financial provision, including, but not limited to, claims for inheritance, capital and spousal maintenance.
A clean break can be immediate, meaning that all financial claims end at the time the order is made, or it can take effect at a specified point in the future.
Why is a clean break important?
Without a clean break, financial claims may remain open even after a divorce has been finalised. This means that, in some circumstances, a former spouse could make a financial claim against the other years after the divorce. A clean break provides finality.
Does every divorce need a clean break?
A clean break will not be appropriate in every case, such as cases where spousal maintenance is required.
The court will consider the parties’ individual circumstances before deciding whether a clean break is appropriate.
How do I obtain a clean break?
A clean break is not automatically created upon divorce.
If the parties have reached an agreement about their finances, the agreement should be recorded in a consent order and approved by the court. The court will consider whether the proposed order is appropriate before it is made.
Where the parties cannot agree, a party can make an application to the court for a financial remedy order. The court will determine how the parties’ finances should be dealt with.
It is important to obtain legal advice before agreeing to a clean break, as once financial claims have been dismissed, it may be difficult to bring a claim in the future. For assistance with financial remedy proceedings, please contact clerks@anvilchambers.co.uk