When Is A Clean Break Not A Clean Break?

The question sounds like a bad Christmas cracker joke and is just as unfunny.

The phrase “Clean break” sounds simple enough.  We go our own way and have a clean break between us.

I have no obligations to you and you have none to me.

Very often, a clean break will be made possible by one party or the other having paid a lump sum or transferred a house, with a clean break after that.

But, and this is very important, it is impossible to have a clean break in relation to the obligation to pay for children of the relationship or marriage.

This means that even though you might give everything to your partner with a view to having a clean break, your partner, if they are caring for the children, can still claim for maintenance for the children.

Couples are encouraged to bear this in mind when attending mediation or negotiating between themselves.

If you would like help in knowing how to negotiate a settlement upon separation then please do not hesitate to contact the family law team at Mogers, Bath on 01225 750000.

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