What’s a financial clean break order?

broken egg_nick wheelerA clean break is a court order settlement whereby a lump sum payment and/or property transfer is made with no on-going maintenance. A clean break ends the financial relationship between the two parties. Once the break occurs neither party can make a further claim against the other. Without a clean break order in place either party can comeback at a future date to make a claim against their former spouse. Any future inheritance or lottery win could therefore encourage your former spouse to request to re-negotiate the divorce settlement based on current circumstances.

There is no time limit for this. So it could happen many years after the decree absolute if either party’s circumstances change.

A clean break may not be achievable:

– A clean break is normally not appropriate where there are young children and there is a continued obligation on one party to pay spousal and/or child maintenance.

– If there are insufficient assets to provide both parties with adequate finances to each set up a new home, and be financially self-sufficient.

– If one party has significantly less earning capacity than the other, a clean break would require a transfer of a large proportion of the assets. This may not be practical.

An alternative is to have a joint lives order.

If you would like a recommendation to a solicitor please contact me on 01932 698150 or email mary@marywaring.co.uk

 photo credit:flickr/nick wheeler

Mary Waring is a Chartered Accountant, Chartered Financial Planner and Money Mindset Coach, helping women transform their relationship with money so that they can become free and powerful. She is also the bestselling author of "The Wealthy Woman: A Man is Not a Financial Plan."

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