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Family Law

Whats happens if I did not get a clean break order when I divorced?

Divorce

What happens to?
The most commonly asked questions from couples separating or divorcing

Monday, October 25, 2021

A Decree Absolute ends your marriage but unless you have a clean break order, your ex-spouse could make financial claims against you in the future. Your ex-spouse could make a claim against assets and money you acquire after you divorce, for instance claim for a share of your bonus or inheritance or any windfall. There is no time limit for making a claim, so it could be many years before a claim is made by your ex-spouse.

How do I avoid my ex-spouse making a claim?

The only way to avoid a financial claim from your ex-spouse, after you have divorced, is with a Court Order. This is known as a “Clean Break” Order.

Even if you and your ex-spouse had no assets to divide, it is still necessary to have a clean break order, to prevent your ex-spouse from being able to make financial claims against you in the future.

How do I apply for a Clean Break Order?

An application for a clean break order is made to the Court. A solicitor will draft the application for you. Both you and your ex-spouse then need to sign the Application. It is sent to the Court for approval. There is no need for either you or your ex-spouse to attend court. The Court will then return the approved sealed Order.

What happens if my ex-spouse refuses to agree to a clean break?

If your ex-spouse refuses to sign the application for a clean break you could try mediation and or seek advice from a solicitor. If appropriate a solicitor will write to your ex-spouse or their solicitor on your behalf.

If your ex-spouse is still adamant about not signing the application for a clean break order, the matter will need to be dealt with by the Courts. They have the power to make a clean break order but only after you and your ex-spouse have provided the Court with full financial disclosure.

Contact us

To speak to one of our specialist solicitors, please do not hesitate to contact us today by calling 0191 232 8451 or if you prefer, you can email familydepartment@samuelphillips.co.uk in the strictest of confidence.

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