What is a ‘Clean Break’ in a Divorce?

A clean break is when you agree to terminate your financial claims against each other in relation to all aspects of financial life together – such as property, income, pensions and school fees. It means that neither you nor your spouse can bring any further financial claims against each other in the future. This ensures either party is protected, for example, if either inherits some money further down the line, set up a business that does well or even wins the lottery!

Reasons why you would go for a clean break?

• The Court will always try and achieve a clean break – they have a duty to bring this outcome wherever possible
• It gives the splitting couple finality and assurance that future assets are protected.
• It also allows both parties to move on and can be particularly helpful if there is a need to sever any controlling ties or perhaps where one partner believes going for regular maintenance payments could be problematic (i.e. partner lies about future income) and wants to avoid going back to Court.

Reasons why you might not want to progress with a clean break and look at spousal and children maintenance?

If you have young children and are not the breadwinner or have stopped working for a while, then you will want the assurance of a safety net to ensure all living costs can be covered whilst the children are growing up.

Contact our divorce and family lawyers today for expert advice

If you would like to discuss any aspect of family law, are considering divorce proceedings or a trial separation, or want to draw up a pre or post-nuptial agreement, call our experienced divorce experts today in absolute confidence on 03456 381381. Alternatively, email us at familylaw@ibblaw.co.uk.