Clean break orders: protecting your finances after divorce

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Divorce

Did you know that a Decree Absolute may not be the end of your financial obligations to your ex-partner?

Without a Consent Order, otherwise known as a ‘clean break order’ in place; your ex-spouse is able to make a claim over your finances at any time.

A Clean Break Order is a mutually agreed financial Court Order which enables you to separate your matrimonial finances from those of your ex-spouse. Having this in place means you are no longer required to financially support them and they would have no future entitlement to claim any money from you in the future.

Without a Clean Break Order, your ex-spouse can make a claim at anytime in the future. This could include if you inherit wealth, re-marry, or even if you win the lottery.

A claim could even be made after you have passed away. An example of this is the recent case of Fielder-Civil v Winehouse, where Blake Fielder-Civil who divorced Amy Winehouse in 2009 is launching a legal battle to claim money from her estate.

This comes eight years after her death which in itself occurred two years after their divorce.

Blake Fielder-Civil received a £250,000 pay out at the time of the divorce, but now feels he is entitled to a further claim on her estate.

Whilst you may be trying to keep the cost of divorce at a minimum, the expense of the Consent Order could ultimately end up protecting your future finances.

Things between you might be amicable at divorce stage, however over time, circumstances can change so you should take steps now to ensure you safeguard your future.

Filing a Clean Break Order at the time of your divorce means your financial affairs will be protected, with a legally binding document.

For further advice regarding Consent Orders, Divorce and/or any other aspect of Family Law, please contact a member of our team at familylaw@woodfines.co.uk.

Eloise Wilson, Partner, Woodfines Solicitors
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