13/08/2025
What is a clean break and why is it important?
When a married couple separate, it is a common misunderstanding that the Decree Absolute or the Final Order as it is now called brings the marriage and all associated issues to an end. It doesn’t. The Decree Absolute or Final Order only brings the marriage to an end, it does not end the parties’ financial claims against each other.
The only way to bring such claims to an end is to reach an agreement regarding the division of the assets of the marriage, or if there are no assets, to simply agree to a clean break. The agreement must then be recorded in a document called a consent order which is submitted to the court for approval. If approved, the order becomes a legally binding court order. This can either be done amicably and with the consent of both parties, or if one party fails to co-operate or respond, then an application to the court would be necessary and the court would be asked to decide the division of the assets between them.
In the event that a clean break order is not obtained, the parties financial claims remain open and either party can make a claim against the other at any time in the future. One party could also bring a claim against the other’s estate on their death, and instead of the assets passing to their chosen beneficiaries under the terms of their will, costly court proceedings could take place with the claiming party possibly receiving a share of the deceased’s estate.
Our advice is always therefore to ensure that financial claims are ended by way of a clean break, whether this be by consent or through court proceedings.
Should you wish to discuss obtaining a clean break, please do not hesitate to contact us.
