Within this article we will explain what the term clean break actually means. It can take various forms‚ there is no one size fits all approach.
What does the term 'clean break' actually mean?
The term clean break within divorce proceedings simply means that from the date specified within a court order, neither party can then make financial claims against the other partner.
You are able to reach an agreement regarding your family finances however you please. More and more couples are choosing to do this by using Mediation or Collaborative Law and avoid the expense of litigation.
If you are able to agree your finances in a non-confrontational way by agreement, you will need the Court to endorse your agreement in order to obtain a clean break.
When is a clean break inappropriate?
As mentioned above, there is no one size fits all approach. There are some situations where a clean break will not be appropriate.
A Court has a statutory duty to consider whether a clean break is appropriate in every case. This is because it is generally considered best for the parting couple to sever their financial ties towards each other as soon as possible in order to allow each party to make a fresh start and re-build their lives.
Notwithstanding this point, there are some factors which may mean that an immediate clean break is not appropriate in the circumstances. One common factor is the existence of dependent children, or of a party to the marriage who does not have the earning capacity or ability to earn their own income in the immediate future. This may include a liability for on-going spousal maintenance for example. Another common situation is when there is insufficient capital in the family home for example to satisfy each party's needs.
Above all, the Court will seek to reach an outcome that is fair in all the circumstances. This may be an immediate clean break, or the Court may decide that it is appropriate to defer a clean break until (most commonly) the children of the family are independent.
What are the different types of clean break agreements/orders?
An immediate clean break&
An immediate clean break means that all claims are dismissed straightaway.
This means that one partner will be unable to make a claim against property interests, capital, income or pensions in the future.
A deferred clean break
It is possible for a clean break to be deferred. Often a deferred clean break is set for when the youngest child has left full-time education, or starts employment for example to allow the primary carer of the children security until the children of the family are independent.
How can Alun Jones Family Law of Cardiff help you?
Alun Jones Family Law can offer you expert advice within Cardiff, so whatever the circumstances surrounding your divorce we can help. Contact us today for more information.
