Securing your Financial Future: The Importance of a Clean Break Order in Divorce

The number of divorcing couples is increasing, however statistics show that less than a third are finalising their financial agreement in a court order. This means many people are potentially being left in a vulnerable position.

What happens if you do not have a financial order and clean break clause when divorcing

Without a financial order and clean break clause in place, you have no protection against an ex-spouse making a claim against your assets in the future or requesting financial support.

The on-line service, which was introduced in April 2022, means it is now possible to handle your own divorce. Although it may seem possible to resolve the division of the matrimonial assets yourselves, this should be approached with caution.

Making sure that all financial matters have been resolved before applying for the final order is vital to ensure you have an enforceable settlement for the future.

What could my ex-spouse claim if there is no financial order and clean break?

This is because no matter how amicable the separation may be now, should your relationship deteriorate or should there be a change of circumstances in the future, your ex-spouse could still try to make a financial claim against you.

A financial order details how the finances will be divided between you when you divorce, to include property, lump sum payments, maintenance and any pensions.

How a financial order and clean break in divorce can benefit you.

Provided the terms of settlement are fair and an order has been properly drafted, a Family Court will approve it and thereafter, neither of you – except in rare circumstances – can return to make a financial claim in the future. This is known as a clean break agreement.

How we can help with divorce and financial settlement.

Our highly experienced Family Law and Divorce team will offer a free initial half hour consultation to explain the divorce process clearly, outline all your options and help you make a plan for going forward.