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 The
Divorce-Rights online service is owned and managed by
Winston Solicitors LLP
Our family law solicitor team will give you
straightforward, expert legal advice when you need it most.
Family law often covers a wide range of issues for those who are
married or living together. Our solicitor team can help with
affordable legal services across England & Wales.
Read more about our services and
how we can help you and your family:
> 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 0845 009 5639.
Make an online enquiry:
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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.
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0845
009 5639
