Do I need a 'Clean Break' Order?

When you get divorced you should also consider the financial claims that exist between you and your spouse. A divorce doesn’t mean that financial claims come to an end.

Until a Court Order has been made, either providing for a financial settlement or dismissing your financial claims against each other, it may be possible for your spouse to make claims against you (and vice-versa) at any time in the future.   

Even if you have limited property or savings at the time of your divorce, it may be worth obtaining a financial order to prevent future claims in the event that you inherit money or win the lottery for example! The chances of this happening may seem small but this oversight when going through a divorce, can end up being incredibly costly further down the line.   

A clean break order is a financial settlement which is approved by the court. It will sever the financial ties between you and your spouse both now and in the future, and protect your from claims for property, maintenance, pension etc.

If you or your spouse do have property, savings or pensions then it is likely that you will need a financial order providing for these to be shared between you and in those circumstances a ‘clean break’ may not be suitable. This is also usually the case if you have children and there is a need to look at how they will be housed and maintained.

The specialist team at Harrowells will be able to advise you whether a ‘clean break’ is appropriate for you or whether financial claims should be made against your partner.