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Clean Break Order

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What is a "Clean Break Order"?

When you divorce, your right to make a claim against your husband/wife for money or property will still exist.

A divorce ends the contract of marriage that you had but does not prevent your ex-husband or wife from asking the Court to make an Order for you to pay them money in the future.  So, if you win money, inherit money or buy a property with a new partner these things are not automatically protected and your ex-spouse can still ask the Court several years after a divorce for a share of those monies or property.

Money can either be paid as a lump sum, a share of assets or property, income or pensions. It is therefore very important that even if you have an agreement with your husband/wife about money when you divorce that this agreement is recorded in a legally binding document.

In this document, you ask the Court by way of agreement to formally dismiss the right that you and your husband/wife have to ask for more money from them in the future.

This is called a Clean Break Order or Clean Break Agreement. We can prepare this document for you sending it to the Court for the District Judge to look at, approve and turn it into a formal Court Order.  The District Judge will want to see some basic financial information about the circumstances of you and your husband/wife in terms of income, capital and pensions. This information is submitted to the Court on an A4 pre-printed form called a Statement of Information.

Do you need a lawyer to obtain a Clean Break Order?

When dealing with financial matters relating to a relationship break up, it is always sensible to seek legal advice to ensure that the issues are properly dealt with.

Here at Divorce Rights we offer affordable legal services and can speak to you informally and without charge at first contact providing an initial opinion on your situation.

We can then prepare the Clean Break agreement for you on the basis of the information your provide.  A District Judge will usually approve the Court Order without anyone needing to attend Court.

If your husband/wife has not had any legal advice, the District Judge may require your spouse to attend Court to explain that once the Order is made, there can be no more claims made for money arising from the marriage.

Why not call our helpline today for further advice on 0113 218 5426

PLEASE NOTE: We can discuss your case initially without charge and will provide an overview of how our service may be able to help you. If we cannot help you directly, we may be able to provide some very useful guidance about your situation or send you one of our specialist information brochures.