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financial settlements and the clean break

Nearly all divorces involve financial issues of one sort or another. Here are the most common:

o maintenance for one of the spouses
o
maintenance for one or more of the children

o
payment of capital (savings) by one spouse to the other

o
adjustment of ownership in the matrimonial home or other property

o
adjustment of the interests either spouse may have in the pension of
the other

If you have reached agreement on one or all of these points our financial clean break service is designed for you.

the clean break
Probably the form of financial order which has received the most attention from the media and lawyers over recent years is the 'clean break order'.

It is called a 'clean break order' because it is intended, once and for all, to end all the financial claims either spouse may have against the other. Once such an order is made the court will dismiss all financial claims that the spouses may have for ever even after one of them dies! It is important to remember that the clean break only operates between the spouses themselves. It is not possible for the spouses to settle all claims for the future financial provision of the children in this way. Also if there is a future application for state support from the DSS a subsequent assessment for child maintenance by the CSA may also include an amount for the parent looking after the children.

The sort of things you may agree between you which can be incorporated in our clean break order are:

o The payment of a sum of money by one spouse to the other.
o The transfer of the whole or a share of the matrimonial home or other property from one party to the other
o The sale of a matrimonial asset and the division of the proceeds between you in fixed percentages.
o The division of the matrimonial assets. For example this may deal with the division of the contents of the former matrimonial home and cars.

This is what our service is designed to provide. We will draft the order for you, give you the associated documentation you need and give you free e-mail advice and support until the order is finally granted.

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