What is a clean break order? Why do you need one?

by The Group Hug Expert August 5, 2021, 3:25 pm 1.9k Views

There’s a common misconception among divorcing couples that divorce stops all financial obligations between spouses. This is not the case. Settling your finances and assets is a separate matter to your divorce. That is why it is crucial to get a clean break order. Here is what you need to know.

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Clean break order explained

A clean break order is a financial settlement between you and your former spouse that has been approved by the court. Crucially, a clean break order cuts all financial ties to protect you from a claim against any future assets that you obtain.

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Failure to get a clean break order can leave you vulnerable to unexpected claims against finances and assets from your ex. While you might be on amicable terms now, things can quickly turn sour, especially if you start a new relationship or come into money. That is why it is important to protect yourself.

It won’t happen to me

There is an attitude among some divorcing couples that their former spouse would never make any future claim against finances or assets. This is naïve. A number of high profile legal cases prove this theory wrong.

An article published by Family Law Group references the case of Nigel Page who won £56 million on the Euro Millions lottery 10 years after he got divorced. Mr Page failed to get a clean break order at the time of his divorce. His former spouse capitalised on this and managed to negotiate a £2 million settlement. Ouch!

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Be aware that former spouses can claim against your pension, any inheritance, your future earnings and more, so thinking that it won’t happen to you is a dangerous mindset to have.

Why you need a clean break order

The example above is the very reason why you need a clean break order. Securing a clean break order gives you peace of mind that no future claim will be made against your finances and assets.

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How do you get a clean break order?

Obtaining a clean break order is a relatively simple process and typically doesn’t involve you having to go to court.

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However, to make a clean break order a court must be satisfied that each person entered into the agreement in full knowledge of the other person’s financial situation. This means that you and your former spouse must provide full disclosure of assets and liabilities.

To secure a clean break order that is fair, it’s recommended that you seek the advice of an experienced divorce lawyer who can help you develop a strategy, advise you of your rights and set realistic expectations for what is achievable.