All that you should know about a clean break settlement

LONDON - Oct. 30, 2014 - PRLog -- A ‘clean break’ can be defined as a financial agreement between the husband and a wife that ends all financial obligations between them. After this settlement has been made, neither party can make any financial nor property claim against the opposite party.

Specifically, neither party can claim any maintenance from the other party after this settlement.

For those who are thinking of any similar settlement options, they should contact their family law solicitors. They will professionally guide you towards the type of settlement you hope to achieve, negotiating robustly on your behalf.

Normally, there are two kinds of situations possible for a client looking for any such type of an agreement.

If the parties can agree their clean break settlement then they can ask the Family Court to seal a consent order giving legal effect to their agreement.  Once the agreement is sealed it is binding and can be enforced against the other party in court.  A consent order involves a low level of financial disclosure.

If the parties cannot agree and negotiations between their solicitors break down, they will have to apply to the court to make a financial order.  One or both parties can argue in favour of a clean break settlement.  The courts are broadly in favour of clean breaks as they allow the parties to move forward with their lives in a way that is thought to be more productive than continually paying, or relying on, maintenance.  If you ask the court to decide on the contents of the order then a higher level of financial disclosure is required and this is a lengthy process.

Another important question that is quite prevalent is whether all types of settlement have to include a ‘clean break’? The answer is no. Although a majority of settlements do include a clean break, in some other cases a maintenance order will be more appropriate.

Whether or not maintenance order is appropriate depends upon the facts of the situation. For a detailed set of expert suggestions and advice about whether it would be suitable in your case, an expert lawyer should be consulted.

For further details or any other matters relating to agreements and settlements, contact http://grayfords.co.uk/ .