Clean Break Orders

When navigating the complex terrain of divorce, reaching a fair and comprehensive financial settlement is often a paramount concern for both parties involved. One important tool in the divorce process is the Clean Break Order, designed to provide clarity, closure, and independence by severing financial ties. 

Our team at Hopkins can help you explore the concept of Clean Break Orders, their significance in divorce proceedings, the legal framework underpinning them, and the financial implications that divorcing couples must consider. 

Definition of Clean Break Order

A Clean Break Order is a type of financial order issued by the court during divorce proceedings to achieve the ultimate goal of financial independence between the divorcing parties. This order effectively severs all financial ties between spouses, eliminating the need for ongoing spousal maintenance or future financial claims.

Importance in Divorce Proceedings

The significance of Clean Break Orders in divorce proceedings cannot be overstated. These orders offer financial closure and independence to both parties, enabling them to move forward with their lives without the burden of ongoing financial obligations. Achieving a clean break can be especially crucial when there are no dependent children in the marriage or when both parties are financially self-sufficient.

Legal Aspects

Legality and Binding Nature

Clean Break Orders are legally binding and enforceable. Once approved by the court, they have the power to sever all financial ties between the parties, making them an essential tool in achieving a final and conclusive divorce settlement. These orders are often preferable for divorcing couples who wish to secure their financial future without the need for ongoing financial support from their former spouse.

Process of Obtaining a Clean Break Order

To obtain a Clean Break Order, both parties must agree to its terms and conditions. This requires open communication, negotiation, and compromise between the divorcing spouses. If an agreement is reached, it is submitted to the court for approval. The court will then assess the agreement’s fairness and make it legally binding if it deems the terms just and reasonable.

Comparison with Consent Orders

Clean Break Orders are often used interchangeably with Consent Orders, as both serve similar purposes. Consent Orders are agreements between spouses that outline the financial aspects of their divorce. A Clean Break Order is essentially a specific type of Consent Order that aims to achieve a financial separation between the parties, making it clear that they have no ongoing financial obligations to one another.

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Financial Implications

Division of Assets

A critical aspect of a Clean Break Order is the division of assets between the divorcing parties. This division should be fair and equitable, taking into account the contributions each party made to the marriage. Common assets to consider include property, savings, investments, and pensions. A fair and comprehensive financial settlement can significantly contribute to achieving a clean break.

Financial Claims and Obligations

One of the primary goals of a Clean Break Order is to eliminate ongoing financial claims and obligations between spouses. This includes spousal maintenance payments, which are typically set at a level that enables both parties to maintain their standard of living post-divorce. By agreeing to a Clean Break Order, spouses are essentially stating that they are financially self-sufficient and have no need for ongoing support from their former partner.

Role of Solicitors

How Solicitors Can Assist

Solicitors play a crucial role in the Clean Break Order process, providing legal guidance, advice, and expertise. They can help divorcing couples understand their legal rights and responsibilities, negotiate the terms of the agreement, and ensure that the final order is legally sound and binding. Solicitors can also help protect their clients’ interests and ensure that the financial settlement is fair and just.

Costs Involved

The costs associated with obtaining a Clean Break Order can vary depending on the complexity of the case, the level of legal support required, and court fees. Many solicitors offer fixed-fee services for drafting and submitting Clean Break Orders, making the process affordable and transparent for divorcing couples.

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Conclusion

A Clean Break Order is a powerful legal tool that can provide financial closure and independence for divorcing couples. By severing all financial ties, it allows individuals to move forward with their lives confidently and without the burden of ongoing financial obligations. It is a valuable option for those seeking a final and conclusive financial settlement in their divorce proceedings. Consulting with our family law team is a wise step to ensure that the Clean Break Order process is executed correctly and that the final order is legally binding and fair.