Clean Break Agreement / Order

Our solicitors are experienced in obtaining clean break orders for divorcing couples and will provide you with the legal advice and guidance needed to ensure that you and your assets are protected during and after your divorce.

Initial Discussion

For an initial discussion and a no-obligation quote, get in touch with us today by simply calling us on 01234 343134 or email us at enquiries@fullersfamilylaw.com and a member of our team will get back to you.

What is a Clean Break Agreement/Order?

A clean break order can be applied for any time after the conditional order in the divorce. It is a court order which allows the parties to achieve financial independence from the other and prevents any further financial claims arising from the marriage.

A clean break will include such assets as property, savings, investments spousal maintenance and pensions.

Without a clean break order from the court, your ex-spouse could make a financial claim against you at any time in the future. Any such claim will take accounts of any wealth you have acquired since your divorce.

A clean break agreement can be agreed between the parties and sent to the court for the judge’s approval. The court must approve the order for it to be fully legally binding. The court will only approve an agreement if it is satisfied that the terms are fair and reasonable for both parties.

The court will typically take into consideration the following factors:

• Any contributions which each of the parties has made such as looking after the home or caring for the family.
• Income, property and other financial resources of both parties
• The age of the parties and the duration of the marriage.
• The conduct of the parties within the marriage
• The financial needs, obligations and responsibilities that each of the parties have or are likely to have in the foreseeable future.
• The standard of living enjoyed by the family before the breakdown of the marriage.

Why do I need a Clean Break Agreement?

Once both spouses agree to the terms set out in their clean break agreement then providing the court approve the order, no further financial claims can be made by either party against the other. The court will only approve the clean break however if the terms are fair and reasonable. We can let you know whether the agreement will be likely to meet this requirement.

The purpose of a clean break agreement is to provide you with the confidence and certainty that there will be no claims further down the line – for example if you obtain a higher paying job, create a successful business or receive an inheritance.

In some circumstances, negotiating the terms of a clean break agreement may be extremely complex, and you may need to think about asking the court for spousal maintenance.

Our solicitors will work with you to tailor a bespoke agreement that meets hour individual needs and requirements.

Can my spouse and I both use the same solicitor for a clean break agreement?

Provided that certain conditions are met and safeguards in place, Fullers can act for both of you in negotiating and obtaining court approval for your clean break agreement through our Together We Part service.