We get a lot of enquiries about clean break orders within divorce proceedings. We explore below how you get a clean break and also how we can help you to get it right.
We have previously written on the importance of getting a clean break order if possible here.
A clean break order specifies that there are no ongoing obligations between a separating couple. It is important that this is properly drafted and filed at court in an appropriate fashion.
Once the order is drafted, it is then signed by you, your partner and any legal advisers.
In addition, a statement of information form needs to be completed. An example of that form can be found at the Courts Service website here.
If part of the clean break agreement is that you need to share your pension, or share in your partner’s pension, then you will also have to complete an extra pension sharing form. The chances are that if you are dealing with pension sharing, however, that you may well have required financial advise, and legal advice, before now.
All of these documents, with copies are then sent to the court where the divorce was issued, with a cheque for the relevant court fee (£40 as of 8/10/10) and are quest for the court to approve the order you are submitting.
The courts do not automatically rubber stamp clean break orders but will, instead, consider the proposal bearing in mind the summary of financial circumstances contained in the statement of information you file at court.
If the order is approved then the order is stamped and returned to you and your spouse. Alternatively a Judge can refuse to approve any order, or ask that you attend a court appointment to explain circumstances surrounding the order.
Let Us Help
We can help you to draft your clean break order and have it filed at court, therefore affording you and your former spouse protection from future claims from one another.
You might want to use our Red File service, found here, or instruct one of our family lawyers to assist you.
Contact the Mogers family law team here, or on 01225 750000 and speak to a lawyer today.