Divorce: Clean Break and Consent Orders and when to use them

Getting a divorce on its own does not stop either party making financial claims against each other, even long after the final divorce order has been made.

The only way in which you can have complete peace of mind that neither of you may make claims for financial orders, which include:

• Lump sum(s)

• Property transfer

• Spousal maintenance

• Pension sharing

is to apply to court for what is commonly known as a Consent Order or Clean Break Order *.

This is where the court notes the arrangements that have been agreed between the couple and dismisses all further financial claims arising from the marriage. Please note this does not include child maintenance, which is dealt with separately, usually by the Child Maintenance Service.

In most cases, it is possible to agree a financial settlement without going to court.

Couples often negotiate, either directly between themselves, or with the help of a solicitor or mediator.

Once they are both satisfied with the terms of the agreement, a solicitor will record the terms in an application, (“Consent Order”) which is signed by both parties, and this will be sent to court.

Before the court considers whether to grant the order as requested, it will also need to see a brief financial statement which gives brief details of both parties’ income, assets, liabilities and pension entitlements and any other relevant matters that could affect the fairness of the settlement.

Even where the couple themselves decide that they do not want to exchange financial disclosure, and they are satisfied with the terms they have agreed, the court must have this information and both parties must see each other’s financial statements.

The reason is that the court will not simply grant the order even if it is agreed. The court must consider whether it is fair and reasonable, and it is within the range of orders the court would be likely to make if the matter had not been agreed.

The application is made online and the whole process is  digital and paperless, so neither party needs to attend court. The procedure is simple, but it is important to obtain specialist legal advice from a solicitor to ensure that:

• The agreement is in your best interests

• The court has the power to grant the order you are seeking

• The document is prepared properly and includes everything you need

It is essential to take advice at an early stage. We see many people who do not have a Clean Break Order and do not realise that the financial claims arising from the marriage are still open. This can be avoided by having the right advice and applying for an order during the divorce proceedings or shortly afterwards, to avoid any unintended claims in the future, for example for a pension sharing order, if such claims were not dismissed by the court.

Helen Shaw, Family Law Solicitor
Lawson West Solicitors, Leicester

Contact a Resolution member like Lawson-West to ensure that your case is handled by an expert lawyer acting in a constructive and non-confrontational way. 

At Lawson West Solicitors, we provide a Fixed Fee Divorce from as little as £500.00 + VAT.
Contact us here.

 

* A Consent Order refers to any financial order made by agreement, even if this includes spousal maintenance or ongoing financial commitments between the couple. A Clean Break order, as the name implies, is where the court dismisses all outstanding claims and neither party can make any further claims against the other in future.

 

 

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