A high-level case, Wyatt v Vince, involved a woman who was making a financial claim against her ex-husband, who had been destitute when they were together but had made a fortune of several million pounds after her divorce. In summary, for those whose property has gone well since their divorce, it is a clear reminder that such claims remain possible against them. To make your agreement final, you must have an approval order signed by both of you and accepted by the court. Until you have a clean break order, one of you may change your mind. The approval order may be sought as soon as the Nisi decree has been issued as part of the divorce proceedings and not before. As part of the Clean Break agreement, you must also manage all debts: for example, if there is a mortgage on the house. Send forms and copies signed with a $50 fee to the court that handles your documents to divorce or end your life partnership. Keep your own copies. However, there are restrictions on obtaining a clean-up order. If you or your former partner still has an ongoing financial commitment to each other, you may not be able to get a clean break order. For example, and usually after a very long marriage, if there is a significant income gap, then the Court of Justice will consider making a matrimonial support order. The Court may also defer a break of its own capital and inheritance and, as a general rule, do so in the case of a support order.
Katy has more than 19 years of experience helping clients get divorced — to protect their financial and emotional interests. A judge in divorce proceedings, in which both parties have agreed to their financial settlement and consent to an order, issues “consent.” This can be done without the need for a trial. For those considering a financial right long after divorce, this is clearly not an easy way, but in the absence of a clean break, there remains an option with no time limit. Of course, you can try to minimize the cost of your divorce, but the seemingly extra cost of a financial remedy order could ultimately lead to the protection of your future finances. It is important to recognize that the Court of Justice only has to consider whether, in the present circumstances, a proper break is appropriate. It does not have to make one. A clean break order prevents the possibility of such future financial claims.