Understanding Clean Break Orders in Northern Ireland
Ensuring Financial Independence After Divorce
Divorce is not just an emotional journey; it’s a significant financial transition that can reshape the future of both parties involved. One of the key steps to securing financial independence after separation is obtaining a clean break order.
In Northern Ireland, a clean break order can ensure that both spouses are free from any future financial claims, allowing each to move forward with clarity and confidence.
At Wilson Nesbitt, our experienced Family Law team, led by Partner Ciara Brolly, specialises in helping clients achieve clean break financial separations that protect their interests. In this article, we explore what a clean break order is, how it works, and how our legal team can support you throughout the process.
What is a Clean Break Order?
A clean break order is a legal agreement that finalises the financial ties between divorcing spouses. It ensures that once a financial settlement is reached, neither party can make future financial claims against the other. This means that after the divorce is finalised, there is no further entitlement to maintenance payments, pensions, or other financial support from either spouse.
In Northern Ireland, the concept of a clean break is rooted in the idea of financial independence. The courts encourage settlements that allow both parties to move on without ongoing financial obligations, where possible.
How a Clean Break Order Works
A clean break order can be granted by the court as part of your divorce settlement, covering various financial aspects such as:
● The division of assets: The order will formalise how your property, savings, investments, and other assets will be divided between you and your spouse.
● Pension sharing: Any agreements regarding pension entitlements can also be included in the order, ensuring a fair distribution.
● Spousal maintenance: In some cases, ongoing spousal maintenance may be necessary for a certain period. However, with a clean break order, these payments will be set for a fixed term and cannot be extended indefinitely.
Once a clean break order is issued, it legally prevents either party from returning to the courts to seek more financial support later on, providing a sense of closure and certainty for both parties.
The Benefits of a Clean Break Order
Opting for a clean break order can offer several advantages, particularly for those looking for financial independence after divorce. Some of the key benefits include:
- Financial Certainty: A clean break provides both parties with the security of knowing that there will be no future claims on their assets or income. This is especially important if you expect changes in your financial situation, such as a pay rise, inheritance, or new investments.
- Simplified Divorce Process: By agreeing to a clean break, couples can avoid lengthy and complicated financial disputes. This can reduce the time and stress associated with divorce proceedings, allowing for a smoother and faster resolution.
- No Ongoing Financial Ties: With no future obligations for spousal maintenance, both parties can move on with their lives independently. This is particularly useful for those who want a clear end to their financial relationship with their ex-spouse.
- Protecting Future Assets: A clean break order ensures that any future wealth or property you acquire will remain yours, without the risk of further claims from your former spouse.
Is a Clean Break Order Right for You?
While a clean break order offers many benefits, it may not be appropriate in every situation. The court will carefully consider factors such as:
● The financial needs of each spouse: If one spouse has a significantly lower earning capacity or needs financial support to adjust after the divorce, ongoing spousal maintenance may be required, making a clean break less feasible.
● The welfare of any children: Child maintenance payments cannot be included in a clean break order. However, the financial needs of the children will be a key consideration when determining whether a clean break is suitable.
● The length of the marriage: In longer marriages, where finances are more intertwined, ongoing support may be necessary.
It’s important to seek expert legal advice to determine whether a clean break is the best option for your situation. We are here to guide you through the process and help you make informed decisions.
How Can We Help You?
Our team understands that divorce is a deeply personal and complex process. We are dedicated to helping you achieve the best possible outcome, whether that involves a clean break order or another type of financial settlement. Here’s how we can support you:
- Expert Legal Advice: Our team have extensive experience in managing complex financial settlements. We’ll help you understand your rights, explain your options, and assess whether a clean break is appropriate for your circumstances.
- Tailored Approach: Every divorce is unique, and we take the time to understand your specific needs and goals. Whether you’re aiming for financial independence or require ongoing support, we’ll work with you to develop a personalised legal strategy.
- Negotiating a Fair Settlement: We aim to resolve financial matters amicably, using negotiation and mediation to achieve a fair settlement without the need for lengthy court battles. Our goal is to help you reach an agreement that protects your financial future while minimising conflict.
- Drafting and Securing the Clean Break Order: If a clean break is suitable for your case, we’ll handle all the legal aspects of drafting and securing the order. This includes working with financial experts to ensure that all assets are properly valued and divided.
- Post-Divorce Financial Planning: After your clean break order is in place, we can assist with the practical steps needed to implement your financial settlement, including transferring property, pensions, and other assets.
Why Choose Us?
With decades of experience in Family Law, Wilson Nesbitt is one of Northern Ireland’s most trusted legal firms. Our team, led by Ciara, is committed to providing compassionate, clear, and effective legal advice during one of life’s most difficult transitions. We understand that the decisions you make during your divorce will shape your financial future, and we are here to help you make the best possible choices.
Get in Touch
If you are going through a divorce and want to explore the option of a clean break order, our Family Law team is here to help. Contact us today to arrange a consultation with Partner Ciara Brolly, and let us guide you through the process with confidence and care; 028 9022 7808 or make an enquiry here.