How long does it take for the Clean Break to take effect and what is involved?
A Consent Order is usually completed within 2-3 weeks. The procedure to obtain the Consent Order is extremely straightforward and does not involve either party attending court in most circumstances - simply complete the online form and Clean Break UK will do the rest
What are the likely costs?
The only other cost will be a £45 Court fee = Total cost of £135. Not using a Clean Break Order could potentially cost you £1,000s!
When, in the divorce process, should the Clean Break be initiated?
The Consent Order is filed after the Court in divorce proceedings has pronounced Decree Nisi and is a final binding order on both parties. It is advisable you purchase this product at the same time, or very soon after you have initiated your divorce proceedings to ensure that there is no delay in obtaining the order from the Court.
Yes, you will be required to quote your Divorce Case Number and the name of the Court on the Consent Order application form.
The Consent Order is the only way that divorced parties can ensure that any agreement reached is enforceable by law and that no further claims can be made. Even if you already have a separation agreement, you still need to obtain an official Consent Order to put the terms of the agreement into effect.
The Clean Break Order will deal with any property division or transfer, savings, shares, policies, personal property, spouse maintenance, child maintenance, and pensions including pension-sharing orders.
Yes, both parties will have to disclose and list their income, capital or assets, including: any property division or transfer, savings, shares, policies, personal property, spouse maintenance, child maintenance, and pensions including pension-sharing orders. From this list the Court will determine whether the consent order is reasonable and fair.
Yes, provided the terms and conditions are agreed to by both parties and by the Court.
No, you do not - but it is a good idea to do so. If you ignore the financial issues and remarry, you may lose the right to have the matrimonial financial affairs reviewed by the court. Many people do not realise that your ex-partner can make a claim against your estate after you die. There are special rules, and a claim will not succeed in every case, but it is wise to get an agreement on finances and if appropriate obtain a 'Clean Break' order.
Yes, you can initiate a Consent Order at anytime after your Decree Nisi.
You will not need to attend court, the court will rubber stamp the Consent Order if they are happy with it and send it back to your solicitor. If they are not happy with the Consent Order they may ask your solicitors to send them more information or attend court to discuss the contents of the Consent Order and the Statement of Information.
This form will help the court to decide whether the agreement you have reached with your partner is fair. You will have to give details about, amongst other things, your income and capital and details of where you are living and whether you have future plans to remarry or live with someone else. This information is then sent to the court together with the Consent Order.
We are an expert online Divorce and Clean Break service; therefore we have considerably fewer overheads than a high-street solicitor - this keeps our costs down to a minimum, allowing us to pass on our savings to our customers.
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