Understanding Clean Break Orders And Their Benefit

When marriages break down, the ensuing process often intensifies existing tensions, particularly where financial concerns are involved. This necessitates a system that ensures fairness and, ultimately, closure. Clean break orders – an increasingly popular option designed to provide a clean slate for both parties involved. They are used to cease financial ties in the most straightforward way possible, which makes the concept of divorce somewhat easier to bear.

What Is A Clean Break Order?

A clean break order, also known as a clean break consent order, is a legal document that terminates all financial obligations between spouses after a divorce. Essentially, it represents a full and final settlement of all financial claims each party may have against the other. Once a court ratifies a clean break order, neither spouse can make any future financial claims against the other, regardless of any change in circumstances such as remarriage, inheritance, or a lottery win.

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What Are The Benefits Of A Clean Break Order?

There are numerous advantages of having a clean break order. Firstly, it offers certainty. Upon finalisation, both parties can move forward without the lingering worry of any future claims. This is particularly beneficial when it comes to inheritance or an unexpected financial windfall, as these are protected from any potential claim from an ex-spouse.

Secondly, it allows both parties to achieve financial independence and promotes the idea of self-reliance post-divorce. This sense of autonomy can be empowering and offer a fresh start for both individuals.

Lastly, having a clean break order in place minimises potential conflicts and eliminates the need for ongoing contact relating to financial matters. This is especially helpful when the parties involved have reached an agreement through mediation for families or after a MIAM (Mediation Information & Assessment Meeting).

What Are The Drawbacks Of A Clean Break Order?

While a clean break order offers considerable benefits, it may not be suitable for everyone. It’s crucial to bear in mind that once this order is in place, it’s generally irreversible. In some cases, such as when there’s a large disparity in earning capacity or if there are young children involved, ongoing financial support may be necessary. Consequently, a clean break order might leave a less financially secure party vulnerable.

Can A Judge Change A Clean Break Order?

Typically, a judge cannot change a clean break order once it’s in place. It’s meant to be a full and final settlement of financial ties. However, it can be challenged under exceptional circumstances. It’s advisable to seek legal advice if you think your situation warrants reconsideration of your order.

Examples Of Clean Break Orders

Clean break orders can cover a variety of financial claims. For instance, it could involve the sale of a jointly owned property with the proceeds split in a predetermined manner. Or it could involve one party receiving a lump sum payment as a settlement, ensuring that neither party has any ongoing financial obligations to the other.

In the rough seas of divorce, a clean break order can be a valuable tool in navigating towards calmer waters. It offers finality and certainty, allowing both parties to move forward and rebuild their lives independently. However, it’s crucial to ensure that this decision is made with a comprehensive understanding of the implications and an evaluation of one’s financial position. Therefore, it’s essential to seek legal advice before opting for a clean break order and even consider mediation for families as a step in the process.

If you’re considering legal options for your separation, Family Law Mediation can help guide you through the process. Visit Family Law Mediation to learn more and take the first step towards a smoother, more amicable separation.

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