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Divorce can be a complex and emotionally challenging process. As couples navigate through the legalities of ending their marriage, the concept of a “clean break order” often emerges. A clean break order is a financial agreement that aims to finalize all financial ties between the spouses upon divorce. This article will explore the meaning of a clean break order, its benefits and disadvantages, whether a lawyer is required for the process, and whether it is necessary when remarrying.
A clean break in divorce refers to a financial settlement that ensures both parties are financially independent of each other once the divorce is finalized. It encompasses the complete severance of financial ties between the spouses, ensuring that neither party can make financial claims against the other in the future.
A clean break order can be agreed upon and finalized after the decree absolute, which is the legal document that officially ends the marriage. It is important to note that once the decree absolute is granted, both parties are legally divorced, but financial ties still exist until a clean break order is obtained.
While it is possible to draft a clean break order without legal representation, it is highly recommended to seek advice from a consent order lawyer or a clean break order lawyer. A solicitor can ensure that the agreement is fair, legally binding, and covers all necessary financial aspects, minimizing the risk of future disputes.
Yes, obtaining a clean break order is crucial even if you remarry. Remarrying does not automatically sever your financial ties with your previous spouse. Without a clean break order, your ex-partner could still make financial claims against you in the future.
If you have gone through a divorce and obtained a clean break order, the document will clearly state the terms of the financial settlement. You should keep a copy of the order for your records, and your solicitor can also provide you with a copy if needed.
Yes, both parties must agree to the terms of the clean break order for it to be valid. If one party does not consent, negotiations may be required, and the court may need to make a final decision on the financial settlement.
A clean break order in divorce serves as an essential financial agreement that finalizes all financial ties between spouses, granting them financial independence and emotional closure. While it has numerous advantages, such as providing certainty, security, and protection of assets, it also has potential disadvantages, particularly in cases where one party may end up financially disadvantaged. It is essential to consult with a consent order lawyer or a clean break order lawyer to ensure the agreement is fair and legally binding. Additionally, obtaining a clean break order is necessary, even if you remarry, as it fully severs financial ties with your ex-spouse. Ultimately, the decision to pursue a clean break order should be based on the unique circumstances and needs of each divorcing couple.
