A clean break consent order is a legal agreement between divorcing couples in the UK that specifies how their financial assets will be divided after their marriage ends. It is essential to understand the significance of this order and how it can impact the financial stability of both parties involved. In this article, we will explore what a clean break consent order is, why it is essential, and how to obtain one.
What is a Clean Break Consent Order?
A clean break consent order is a legally binding agreement that outlines how a divorcing couple's assets and finances will be divided. It specifies how each party will be responsible for debts, mortgages, pensions, savings, and any other financial obligations after the marriage ends. This order prevents any future claims on each other's finances and ensures that both parties can move forward without being financially tied to each other.
Why is a Clean Break Consent Order important?
A clean break consent order is necessary for a number of reasons. Firstly, it provides financial security and stability for both parties involved. It ensures that each party has a clear understanding of their financial obligations after the divorce and prevents any future claims on their assets or income. It also helps to prevent any disputes or conflicts that may arise in the future regarding financial matters.
Secondly, a clean break consent order can protect any future inheritance or windfalls. Without this order, the former spouse could claim any inheritance or windfall they received after the divorce, even if they weren't eligible to do so. With a clean break consent order in place, each party can keep any inheritance or windfall they receive after the divorce.
Lastly, a clean break consent order can provide peace of mind. Knowing that the financial aspects of the divorce have been settled and agreed upon can help both parties move forward with their lives and focus on the future.
How to Obtain a Clean Break Consent Order
To get a clean break consent order, both parties must agree on how their money and assets should be split. They must then submit the agreement to the court for approval. The court will review the agreement to ensure that it is fair and reasonable for both parties. If the court approves the agreement, a clean break consent order will be issued.
It is important to note that both parties must obtain independent legal advice before signing a clean break consent order. This is to ensure that each party fully understands the implications of the agreement and is not being unfairly treated.
In summary, a clean break consent order is a crucial legal agreement for divorcing couples in the UK. It provides financial security and stability, protects any future inheritance or windfalls, and provide peace of mind for both parties. To obtain a clean order, both parties must come to an agreement on division of their finances and assets and obtain independent legal advice before signing the agreement. If both parties are unable to reach an agreement on their own, they may seek the assistance of mediators in Nottingham or other professionals to help facilitate negotiations and come to a mutually acceptable resolution.
Mediators Nottingham is trained to help couples work through difficult issues and come to a resolution that is fair and reasonable for both parties. If mediation is unsuccessful, the couple may need to consider other options, such as collaborative law or litigation, to resolve their financial disputes. If you are going through a divorce, it is essential to understand the importance of a clean break consent order and take the necessary steps to obtain one, including seeking the assistance of mediators in Nottingham if necessary.