The Importance of a Clean Break
Since the introduction of the HMCTS online service, more and more people are choosing to issue their own divorce proceedings online rather than instructing a solicitor to progress the divorce on their behalf.
However, whilst obtaining a final Order of divorce will bring a marriage to an end, it is important to remember that this does not provide the couple divorcing with a financial clean break.
The financial bond between the former spouses will continue to exist unless a financial Consent Order is put in place. Neglecting to obtain a financial Consent Order could place future earnings, investments, and inheritances at risk.
This is a legal document which sets out the financial agreements reached between a separating couple. It records how assets such as the family home, pensions and savings are to be shared.
A Clean Break Order effectively severs any financial ties, protecting both parties from any claims from the other in the future. To be legally binding, it must first be approved and sealed by the Family Court.
Under the new no-fault divorce law, you can only apply for a Consent Order after the Conditional Order of Divorce has been granted (previously the Decree Nisi). Once granted, the Consent Order will come into force when the Final Order of Divorce has been issued (previously the Decree Absolute).
Should you require assistance in negotiating a financial settlement with your spouse and obtaining a Clean Break Consent Order please do not hesitate to get in touch with a member of our experienced family team on 03333057777.
