Many clients, upon separating, will seek to dismiss all financial claims that each party has against the other.
Although there is no presumption in favour of there being a financial clean break between the parties on divorce, the court is under a duty to consider whether it would be appropriate to exercise its powers so that each party’s financial obligations towards the other can be brought to an end. This is known as a clean break.
A clean break can involve a capital clean break, by which you wish to deal once and for all with all your capital claims against each other, including lump sum, property adjustment and pension sharing orders. However, a full clean break involves the dismissal of all claims, including future claims for maintenance, both during your lifetime and after death, by preventing claims against the deceased’s estate.
If it has been agreed that there is to be an order for spousal maintenance, then there cannot be an immediate full clean break between the parties.
The effect of a clean break order is to terminate the financial obligations of each party towards the other during life and/or after death, and to bring the financial proceedings to a final conclusion.
Should you wish to receive further advice in respect of achieving a clean break following your separation, please feel free to contact any member of our experienced Family Team at Churchers on 01329 822 333
