Clean breaks indicate that maintenance rights are permanently dismissed.
  • Even if a partner has resigned a job in the post-marital period, the non-earning spouse is expected to seek reemployment for self sustenance.
  • However, a few concessions are permitted. Maintenance amounts can be paid for a specified duration. This makes it possible for the non-earning member to refine rusted skills and re-enter the job market. Maintenance money stops upon employment.
  • Some cash-rich people offer lump sum amounts in lieu of maintenance paid in instalments.
Feasibility of clean breaks is decided by the courts. Financial conditions are often varied among couples. If a non-earning spouse goes back to work after a long gap, it is not possible to earn sufficiently to ensure a trouble-free retirement period. The courts arrive at a decision taking into consideration the long term implications of the case. The agreement reached upon, should be presented in a well-drafted format to the court. The presence of the divorcing couple is, however, not necessary. The court reviews this agreement in the light of the future plans of the couple. Fair agreements are rubber stamped, while unfair or lopsided agreements are sent back for further clarifications. Consent orders are best submitted prior to the divorce. Though each partner may trust the other, changing circumstances might not warrant the trust reposed. Consent Orders Consent orders are technical documents that require legal expertise for their drafting. All the points as required by the courts of the UK have to be covered. Both the partners must affix their signatures only after seeking individualised opinion of their respective solicitors. Both the divorcing partners have to fill in the ‘Statement of Information form.’
  • They are required to fill in details regarding their income, savings and investments; in short, they
    are expected to present a clear financial picture.
  • The residential address of either marital partner has to be entered.
  • Details of their future plans (pertaining to remarriage) also need mention. The courts want to ascertain that the agreement has been reached after both the parties knew the exact financial standing and romantic inclinations of the other.
Points Incorporated in the ‘Clean Break’ Consent Order
  • The predecided amount of money paid by one marital partner to the other
  • The transfer of matrimonial home and other financial assets
  • If the matrimonial home is not partly or jointly split, the manner of sharing its proceeds upon its sale is mentioned.
  • Mode of division of other financial assets like joint savings, jewellery, silver ware, etc is also decided.
  • The division should also include household furniture, paintings and car. All items of substantial value are included.
  • Finally, both the couple affix their signatures to confirm that the agreement is final.
Necessity of a 'Clean Break' Consent Order
  • Consent orders are necessary to ensure that neither party goes back to court asking for a change in the agreement reached.
  • This ensures that no party can make further claims in view of changed financial circumstances.
  • This makes the conditions of the agreement legally enforceable.
Divorcing couples should arrive at financial agreements to avoid court battles. The agreement reached should be incorporated in a consent order to prevent occurrence of any dispute in the future.

James Walsh is a freelance writer and copy editor. If you have recently become divorced a clean/">http://www.clean-break.co.uk">Clean Break Agreement is essential to prevent your former spouse from making a claim to your future assets, for more information see http://www.clean-break.co.uk