Clean Break Order

SR24

Hi, hoping someone who has either done a clean break order or who has legal experience can tell me what type of information is gathered to draw up a clean break order please?
Is it a full financial list like you complete for a consent order (D81) or is it more of a statement of the agreement both parties voluntarily wish to seek?

(we have no joint assets, (property sold and sale proceeds already split), only have our own pensions and neither party is looking to obtain any financial split from each other and no ongoing financial obligations)

sassyblue

A clean break order or consent order are the same thing.  The consent order provides the clean break in life and death you're after.

you don’t have to put full financial information in the consent order but you will have to complete a Statement of Information for a consent order to accompany the consent order when it’s sent to the court and that will ask for a total sum or assets, debts and pension CEV's. Although it asks for those figures you just have to state a total and not go into detail of what the assets or debts are, but both parties should see each other's totals before signing the form.

ETA. A consent order is the word document (for want of a better word) which explains what is happening to a matrimonial home, any debts to be redeemed upon the potential sale of the matrimonial home, who is taking over what assets, any maintenance sums to be paid and for how long, etc.

tacpot12

While Sassyblue is correct, it might be more correct to say that while a Consent Order can be for a clean break, it can also be used for a financial settlement that is not a clean break, i.e. one party can make a further claim on the other.

If you have a look at this example of a Consent Order for a clean break, you can probably see the relevant clauses that make this a "Clean Break" Consent Order: An example of a typical financial Consent Order (wikivorce.com), e.g. clauses 4 through 7, but also the wording at the start of the order is also important in making it a Clean Break order. 

SR24

Thank you @sassyblue and @tacpot12 that’s very helpful. 

sassyblue

Tacpot, I think in this case a clean break is justified, in fact, very few Solicitors these days would advise anything other than a clean break.  

tacpot12

Yes, I agree that in this case a clean break consent order is what is required.