Clean Break Agreement

In 2016, in Wyatt v Vince, a woman returned to court for bringing a financial action against her husband nineteen years after his divorce. This would not have been possible with a clean break regime. A judge grants you a clean break after a divorce is necessary, even if you have no money or fortune. Once you have reached an agreement with your former partner, a divorce lawyer can make a consent order for you. If the agreement is fair to both of you, the Court of Justice will seal the order. The agreement will then be legally binding. This is not just a rubber stamping exercise. The judge who looks at the order will want to know that it is right, and he will read it carefully. Sometimes the judge wants you two to put this. There are a number of legal cases that emphasize the importance of a proper break provision.

An extreme example is the case of Nigel Page, who won $56 million in the EuroMillions lottery ten years after his divorce. At the time of his divorce, he had relatively modest assets and did not receive a break order of his own. His ex-wife took advantage of this omission and negotiated an alleged $2 million transaction. A clean break order prevents the possibility of such future financial claims. In order for a decision of its own break to be made, the court must be satisfied that each person entered into the agreement with full knowledge of the other person`s financial situation. This means that both parties must submit to marriage a full and open disclosure of their assets and commitments. Amanda has a wealth of experience in own break orders and can represent you throughout the process and advise you on the conditions that should be included to ensure that your future assets are fully protected. A clean break order is a court order issued by couples who do not have divorced children, in order to prevent one party from asserting rights against the income or future assets of the other. Be aware of your priorities and realism of what you can expect. If you disagree and ask the court for a decision, you probably won`t get exactly what you want – and you`ll have higher court costs. Where possible, long and costly legal disputes should be avoided. As part of the Clean Break agreement, you must also manage all debts: for example, if there is a mortgage on the house.