Understanding the Pros and Cons of Cutting Financial Ties After Divorce
Divorce can be complex, both emotionally and financially. One key decision is whether to completely sever financial ties. A clean break order ensures no future financial claims between ex-spouses. But is it right for you? Understanding the advantages and disadvantages of a clean break order will help you decide.
What Is a Clean Break Order?
A clean break order is a legal document issued by the court, formally ending all financial claims between divorcing couples. This prevents either party from making future financial claims, including on assets, income, pensions, and future inheritances.
Many assume that once they receive a decree absolute or final order, financial ties are severed. This is incorrect. Without a clean break order, an ex-spouse could make a financial claim years later. That’s why obtaining one is crucial for financial independence.
Advantages of a Clean Break Order
- Financial Independence – Ensures both parties move forward without financial ties or obligations.
- Future Protection – Prevents an ex-spouse from claiming future windfalls, such as an inheritance or lottery winnings.
- Avoiding Ongoing Payments – Removes the possibility of future spousal maintenance obligations.
- Reduces Conflict – With financial matters settled, future disputes are less likely.
- Legal Certainty – Provides peace of mind that no unexpected financial claims will arise.
Disadvantages of a Clean Break Order
- Not Always Feasible – If one spouse is financially dependent, the court may order ongoing support instead.
- Immediate Financial Settlement – May require liquidating assets or paying a lump sum, which can be difficult.
- Pension Considerations – A pension-sharing order may be more appropriate in cases of significant pension disparity.
- Loss of Security – If a spouse lacks financial independence, they may struggle without future financial support.
How WhatWouldAJudgeSay.com Can Help
At whatwouldajudgesay.com we simplify financial settlements. Our unique service offers direct guidance from a judge specialised in Family Law, providing clarity on whether a clean break order is right for you. We offer:
- Expert Judicial Insight – A judge-led assessment of your financial position to determine if a clean break is suitable.
- Clarity Without the Courtroom – Avoid long legal battles; get a written judicial opinion within six weeks.
- Cost-Effective Solutions – Fixed fees with no hidden charges, unlike traditional hourly legal fees.
- Confidence in Your Decision – Gain clear insight before negotiations or mediation.
- Quick and Simple Process – Submit your details online, and we handle the rest.
Is a Clean Break Order Right for You?
The court considers whether a clean break order is appropriate, but it’s not automatically granted. Every divorce is unique. Seeking legal advice early helps you understand your financial settlement options.
With WhatWouldAJudgeSay.com, you don’t have to navigate this alone. Our judge-led service helps you determine whether a clean break order is right for you before committing to costly legal proceedings.
Even if you and your ex-partner have agreed on the division of assets, a clean break order should be formally drafted and submitted to the court. This ensures legal protection, preventing future financial disputes.
Need Help?
A clean break order offers financial independence but isn’t right for everyone. Understanding the advantages and disadvantages of a clean break order will help you make an informed decision.
Try our free assessment to guide and help you take control of your divorce. It’s designed to help you prepare and organise all your information securely in one place. Feel free to give us a call on +44 (0)20 3951 0212 or email hello@whatwouldajudgesay.com or use get started to share your unique situation.