Clean Break Divorce
The term clean break divorce is used to describe a financial settlement where all financial ties are severed after the divorce. However, the severance of the financial ties relates only to the spouse and not to any children, so exclude child maintenance payments.
The assets are divided such as the family home, savings, pensions, and/or investments, and no further claims can be made. Clean break arrangements are not legally binding unless they are approved through a court in a Clean Break Order.
Who can get a clean break divorce
Anyone can get a clean break divorce, except for those who require ongoing financial ties, such as spousal maintenance, or a delayed property sale/transfer.
A clean break order can be achieved either by consent if you both agree to the terms, or by a judge at the end of contested financial remedy proceedings.
Advantages of a clean break divorce
After a turbulent and emotionally draining divorce, many couples want to bring some certainty and finality to the situation with a fresh start and the removal of all financial ties to their former spouse.
An advantage of a clean break divorce settlement is that there is no danger of either spouse making claims against the other which should reduce potential costs and conflict in the longer term.
Child maintenance and clean break divorce
As mentioned above, the financial severance in a clean break divorce applies only to the spouse and not to any children. Child maintenance is applicable until any children involved reach the age of 18 or end full-time education.
Get in touch
If you would like to speak to our friendly and experienced team about clean break divorce, you can reach us on 01872 241408 or email info@penderlaw.co.uk
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