If you divorce, you need a Clean Break. It is possible in most cases and we can help you decide how best to achieve it.
A Clean Break is part of the Consent Order which prevents the other party from claiming against you in the future, during your life or upon your death. A Clean Break can only be made by a Court and is vital to ensure your current and future assets are protected.
Regardless of your assets, a Clean Break is necessary in every case to protect your future. Even if you have nothing at all now, you could move on to the property ladder, inherit money or even win the lottery in the future. If you do, your ex-spouse could return to make a claim against you, unless you obtain a Clean Break.
The Consent Order will record whatever financial agreement you have reached but crucially will contain a paragraph confirming the agreement is on a Clean Break basis. The Consent Order will be tailored to your individual circumstances but will almost always include the Clean Break. Even if there are no assets at all, it is important to still get a Clean Break. We will help you to persuade the other party to agree to the Clean Break as it will protect them too. We will also make sure the Order is appropriate and likely to be approved by the Judge.
We will meet with you to understand your financial circumstances. We will need a detailed list of your assets, pensions, debt, income and outgoings. We need the same information from the other party so we will need to plan how best to understand the full picture.
We will write to the other party to agree on a date to exchange details of each of your financial circumstances. Alternatively, you may wish to sign a disclaimer to skip this step, for example if you have no assets and to simply ask the Court for a Clean Break.
If the other party agrees to the Clean Break, we will prepare a draft Consent Order containing the Clean Break and another court form, known as a D81, which will summarise both your financial information. This will help the Judge to assess if the agreement is fair. Once everything has been signed, it is sent to the Court for approval. If successful, we will then receive a Consent Order with a Court stamp. This will be final and binding on both of you.
Our team of experienced family solicitors are ready to help you.
We understand that you’re going through a tough time, and we’re here to support you through it.
Our lawyers are available to talk to you whenever you need it.
It can be stressful waiting for information.
We don’t keep you waiting. As soon as we have progress, we let you know straight away.
Legal matters can be complex.
We’ll explain everything to you and guide you through the process so that you know what’s happening.
We offer a free initial telephone or video meeting to discuss your situation and provide a bespoke estimate.
Our fees vary from case to case and are tailored to your individual circumstances.
Book your free 30-minute consultation now.
