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What is a Clean Break Divorce?

If you’ve been considering a divorce, then you’ll almost certainly have been doing some research and may well have come across the phrase ‘Clean Break Divorce’. It’s a terms that – thanks to the use of a phrase that suggests a healthy and final separation – has positive connotations; but what exactly is it? In England and Wales ‘Clean Break’ is a colloquial term for a document known as a Consent Order. Provided that a divorcing couple agree on how their assets (properties, saving etc.) should be divided then a Consent Order, which describes these agreements in detail, is prepared and filed with the court (usually between the Decree Nisi and Decree Absolute stages of the divorce, though it can be filed up to six months after an Absolute is issued). It is then placed before a judge who will decide whether or not to sign or stamp the agreement, thus making the agreement binding and preventing either spouse from claiming any further monies from the other in the future. Occasionally, the judge that reviews the application may not sign the order if they feel that it is detrimental to one party. As the courts and judges are aware of the fact that there may be any number of reasons as to why an agreement may appear to be skewed in one party’s favour, however, they will usually simply ask both parties to attend a meeting in order to explain how they arrived at their agreement and why they believe it to be fair to both parties. Any agreement that has not been initially signed off by the relevant judge will be approved following such a meeting in most instances. What’s more, such meetings can usually be avoided with a simple covering letter explaining anything within the document that may be viewed as unequal or unfair, thus allowing matters to progress at a faster rate. Be warned, however, that whilst these agreements are made legally binding, they must be accompanied by documents outlining both parties’ current financial positions and, should it later be discovered that either party was dishonest when disclosing their assets, then the agreement will become null and void, thus allowing the parties to make further claims against the other.

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