What Is A Clean Break?
When it comes to sorting out your finances, one question we often get asked is: will there be a ‘clean break’? Couples can often have very strong views about clean breaks, thinking either that they must have one, or else that it’s completely unrealistic.
But what actually are they? Simply enough, when we marry we take on financial obligations towards each other which can only be ended by a court order. Lawyers call such orders (you’ve guessed it) a ‘clean break’ for short.
After a clean break order has been made, you can no longer make claims against your former partner arising out of your marriage (although this doesn’t affect your ability to make claims on behalf of any children you have together).
Describing a clean break is the easy part. Working out when the court will order one is more difficult and depends on your individual circumstances. The court will always try, provided it is fair to both of you, to help you go your separate ways when it comes to finances. In practice, that usually means making sure the economically weaker party isn’t left in the lurch.
But sometimes that just isn’t possible, if for example one of you is looking after children so that your earnings are impacted. In such cases, courts recognise that the clean break will have to wait. And in rare cases where the outlook is just too uncertain, the court finds it isn’t ever able to order a clean break.
So it all depends!
If you have more questions about this topic or any other legal issues arising on divorce or separation, please do get in touch as we are always happy to help. You can call us on 0203 488 4475 or email contact@thedivorcesurgery.co.
Author Name: Editor
Published content by The Divorce Surgery Editorial Team.
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