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Clean Break Orders

Friday July 1, 2022

At AFG LAW we understand that dealing with finances on divorce is difficult and confusing. We also understand that you may be getting a lot of advice from friends, family members and colleagues that are trying to support you; but sometimes what is right for one divorcing couple might not be right for you and your situation. You may have been told to make sure you get a clean break and whilst this is often the aim for most couples it will not work for everyone. Achieving a financial settlement on divorce is not a one size fits all and our specialist divorce solicitors can guide you through the process.

What is a clean break?

A “clean break” financial settlement is where the divorcing couple do not, or after a short time will not, have any ongoing financial responsibilities to each other. Neither spouse will have any further financial obligations to the other.

Do I have to have a clean break?

No. Many couples may share their assets out straightaway so that they can each become financially independent or, if this isn’t immediately possible, they may have short term measures to allow one spouse to receive ongoing support whilst they become financially independent. If this is possible then it should be the aim of the divorcing couple. However, for some people this is simply not possible and so the Family Court will look to the individual circumstances of the divorcing couple to see whether it is fair to have a clean break.

When may a clean break not be possible?

If the divorcing couple have children or it is a lengthy marriage then it may not be possible to achieve a clean break for many years unless there are enough assets to divide between the spouses and they have sufficient earning capacity to allow each spouse to be financially independent.

In financial proceedings does the court always direct a clean break between divorcing couples?

There is no presumption in favour of there being a financial clean break between parties on divorce, the court is simply under a duty to consider whether it would be appropriate to exercise its powers in such a way as to end the financial obligations of parties towards each other.

 

Our family team can help you with a full range of legal services.

 

Contact familysolicitor@afglaw.co.uk for further information or call us on 01204 377600.

 

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