As Family Lawyers we are often asked for a “clean break” when acting for clients who are going through a divorce. What exactly does this mean and is it possible?
A ‘clean break’ in financial terms is about dividing your assets and once this is done there are no other ongoing financial ties between you. The parties do not have to pay each other any future money apart from child care.
The Courts actually encourage this and it must look at bringing your financial claims to an end at the earliest possible opportunity. However, this will depend on a case by case basis.
The starting point is always analyzing your own situation. Is a clean break possible? It may not be an option because one partner needs on-going financial support. Payments can go on for years. A clean break is very likely to be achieved for short marriages and younger couples and for older couples and longer marriages where they have assets that can be divided.
Many couples want to agree their financial arrangements between themselves – which is a positive. However, get your agreement recognized – whether by court order if you are divorcing or a written agreement if you aren’t. An order is legally binding and will give you certainty. It is very dangerous to just rely on a verbal agreement. A Court Order is legally binding and can be enforced.
If you do want a clean break in your financial affairs following a divorce then our expert Team of Family Lawyers can help negotiate and draw up an agreement with your spouse. If this cannot be agreed, then we can take the case to Court to ensure you get the financial split on the terms that you want.