Rucklidge Law Accessibility Statement
Updated: September 2023.

Accessibility Statement

General
Rucklidge Law strives to ensure that its services are accessible to people with disabilities. Rucklidge Law has invested a significant amount of resources to help ensure that its website is made easier to use and more accessible for people with disabilities, with the strong belief that every person has the right to live with dignity, equality, comfort and independence.

Accessibility on Rucklidges.co.uk
Rucklidges.co.uk makes available the UserWay Website Accessibility Widget that is powered by a dedicated accessibility server. The software allows Rucklidges.co.uk to improve its compliance with the Web Content Accessibility Guidelines (WCAG 2.1).

Enabling the Accessibility Menu
The Rucklidges.co.uk accessibility menu can be enabled either by hitting the tab key when the page first loads or by clicking the accessibility menu icon that appears on the corner of the page. After triggering the accessibility menu, please wait a moment for the accessibility menu to load in its entirety.

Disclaimer
Rucklidge Law continues its efforts to constantly improve the accessibility of its site and services in the belief that it is our collective moral obligation to allow seamless, accessible and unhindered use also for those of us with disabilities.

In an ongoing effort to continually improve and remediate accessibility issues, we also regularly scan Rucklidges.co.uk with UserWay’s <a href=”https://UserWay.org/scanner” title=”Free Website Accessibility Scanner”>Accessibility Scanner</a> to identify and fix every possible accessibility barrier on our site.
Despite our efforts to make all pages and content on Rucklidges.co.uk fully accessible, some content may not have yet been fully adapted to the strictest accessibility standards. This may be a result of not having found or identified the most appropriate technological solution.

Here For You
If you are experiencing difficulty with any content on Rucklidges.co.uk or require assistance with any part of our site, please contact us during normal business hours as detailed below and we will be happy to assist.

Contact Us
If you wish to report an accessibility issue, have any questions or need assistance, please contact Rucklidge Law Customer Support as follows:

Email: [email protected]
Phone: Phone: +441904806031

READ LESS
READ MORE

Understanding Clean Break Orders in Divorce: Benefits, Process, and Considerations.

Introduction:

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.

What Does Clean Break Mean in Divorce?

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.

Advantages of a Clean Break Order:

  • Financial Independence: One of the significant advantages of a clean break order is that it grants financial independence to both parties. Each spouse can plan their future without the worry of potential claims or financial obligations toward their ex-partner.
  • Closure and Emotional Relief: By finalizing all financial matters, a clean break order can provide emotional closure, allowing both parties to move forward with their lives without ongoing financial disputes.
  • Certainty and Security: A clean break order provides certainty and security, as both parties know exactly what financial resources they are entitled to after the divorce. This eliminates the uncertainty and anxiety associated with potential future claims.
  • Protection of Assets: A clean break order safeguards assets from future claims. It prevents any post-divorce disputes over property, savings, investments, or inheritance.
  • Streamlined Process: Opting for a clean break order can streamline the divorce process, as both parties aim to resolve financial matters without prolonged negotiations or court battles.

Disadvantages of a Clean Break Order:

  • Unequal Division of Assets: In some cases, a clean break order may lead to an uneven distribution of assets, leaving one party financially disadvantaged, especially if one spouse is economically dependent on the other.
  • Potential Financial Insecurity: For the financially weaker spouse, a clean break order might create financial insecurity, as they may not receive sufficient funds to support themselves adequately.
  • Foregoing Future Claims: Agreeing to a clean break order means both parties give up the right to make any future financial claims against each other, even if there are significant changes in their circumstances.

Clean Break Order After Decree Absolute:

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.

Do I Need a Solicitor for a Clean Break Order?

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.

Do I Need a Clean Break Order If I Remarry?

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.

How Do I Know If I Have a Clean Break Order?

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.

Do Both Parties Have to Agree to a Clean Break Order?

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.

Conclusion:

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.

FREE Initial Consultation

Get in touch

When it comes to legal processes, we know how daunting things can be, that's why we offer a FREE Initial consultation, so you can talk to an expert Family Lawyer and take the right steps from the start.

Hidden One - Don't edit!

Your content goes here. Edit or remove this text inline or in the module Content settings. You can also style every aspect of this content in the module Design settings and even apply custom CSS to this text in the module Advanced settings.

Will the court always approve a Consent Order?

The court has a duty to consider whether a clean break between the parties is appropriate, when making financial orders. 

Nevertheless, where there are children (especially young children) the court often expects some explanation for a proposed clean break before considering it to be fair.

Is it better to get a Consent Order or go to court?

Agreement is generally a more satisfactory way of resolving a dispute than a court hearing because it avoids ill-feeling and, importantly, it avoids additional costs being incurred.

Court proceedings can be expensive and, given the possibility that the costs, or at least a proportion of them, may be payable by you, an agreed clean break order may very well save you money.

 However, it is important to stress that a clean break order must represent a fair division of the matrimonial property. Agreement should not be made to a clean break order which is considered unfair.

What does the court consider when approving a Consent Order?

The court will not necessarily approve a clean break order because the parties agree the terms. However, if the order is drafted by competent legal representatives, the court is very likely to approve it and will be “heavily influenced by what the parties themselves have agreed.”

The court’s approach is as follows:

  • The court’s jurisdiction to make orders for financial relief derives from the Matrimonial Causes Act 1973
  • The court’s function is the same as when making a contested order
  • Section 25 of the MCA 1973 prescribes a list of matters to which the court must consider
  • The order must be just and fair.

A Consent Order is not just a rubber stamp. However, a judge is under no obligation to make inquiries or require evidence. They are entitled to assume that parties of full age and capacity know what is in their own best interests, particularly when they have legal representation. The court will approve a Consent Order unless it has reason to think there are circumstances that should be reviewed.

What does a Consent Order include?

The following (inexhaustive) list represents the financial orders that feature in most consent orders:

  • Financial provision, including periodical payments, secured periodical payments and lump sums
  • Property adjustment, including transfer of property, settlement of property and variation of settlement orders
  • Orders for sale of property
  • Pension sharing.

The court also has the power to make interim financial orders such as maintenance.

Are there any court charges?

The Court charge a fee of £50.00 for a Consent Order application

What our clients say about us

I cannot thank you enough for your care and support
Angela Lally - Vivienne – December 2022

Professional and understanding from start to finish, would recommend to anybody.
Jill Rucklidge – Lee August 2023

Very satisfied with the service and outcome.
Claire Trueman - Russell and Kristel October 2022

Thank you for everything!
Claire Trueman - Sarah January 2023

Angela has been a pleasure to deal with, through what could have been an extremely difficult time.
She has been professional and very helpful with any questions. Explaining things simply to avoid any
confusion or stress on my part. Many thanks!
Angela Lally – David June 2023

I found Claire to be very helpful. A lovely lady. A credit to your company!
Claire Trueman - Miriam November 2023

Very pleasant and understanding, did what we wished to do. Thank you!
Claire Trueman - Susan October 2022

Excellent service!
Claire Trueman – Paul and Ann November 2023

I would definitely recommend Rucklidge Law. Their service has been to a high standard. Thank you
Angela.
Angela Lally – Eklas October 2022

Angela is a very good lawyer with a big heart. She always helps and tries to find a solution in very
situation. I am extremely grateful to her for her help. She was with me in a very difficult moments of
my life. She extended a helping hand to me; I will never forget it and I will always be grateful to her
for it. I recommend her 1000%.
Angela Lally – Angieszka – November 2023