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What are Clean Break Orders?

Clean break orders are orders that are designed to provide a clean and final resolution to financial matters. Such orders can importantly help stop one party from making financial claims against the other in the future, including after divorce.

How do I obtain a Clean Break?

To obtain a clean break, it must be formally recorded on a court order.

It is possible to apply to the court for a clean break order by consent (agreement) by filing with the court agreed clean break orders or if there is no agreement, then it may be necessary to issue court proceedings to have a clean break order granted by the Judge.

When is a Clean Break order not appropriate?

Not all situations are appropriate for a clean break order. These may include situations where one party earns significantly more than the other party and so, orders for maintenance are necessary and appropriate.

Before making a clean break order, the court will assess all the financial information that they have been given and consider the situation on a case-by-case basis.

Talk To Our Specialists

Our family law solicitors can provide guidance and support in navigating family and matrimonial legal matters and the financial complexities that can arise. It is always important and highly advisable to seek professional legal advice to ensure the best course of action for your circumstance. Talk to our specialist Family Law team via the links below.

 

Written by Marie-Cecilia Ferreira

 

This blog post is not intended to be taken as advice or acted upon. If you are seeking legal advice, please contact our team of solicitors.

Portrait image of Marie Cecilia Ferreira, Solicitor at Rose & Rose

Marie-Cecilia Ferreira

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Portrait image of Marie Cecilia Ferreira, Solicitor at Rose & Rose

Marie-Cecilia Ferreira

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