Navigating the end of a marriage is challenging and making sure you resolve financial issues is essential. A clean break order is designed to sever the financial ties between you and your ex-spouse, allowing both parties to move forward independently.
But what happens if your ex refuses to sign the clean break order after divorce? In this post, we’ll explore your options and provide practical advice to help you achieve a clean financial slate.
What is a clean break order?
A clean break order is a court order that legally cuts financial ties between you and your former partner. It ensures neither party can make future financial claims against the other, including anything related to income, property, savings, pensions, or other financial assets.
Why might your ex refuse to sign a clean break order?
There are several reasons why your ex might be reluctant to sign a clean break order. Understanding their perspective can help in determining the best way forward:
Financial concerns
Your ex might feel that the terms of the order are not in their best financial interest, perhaps believing they will be better served by leaving potential financial claims open.
Emotional factors
Divorce can be an emotionally charged process. Your ex might be using the refusal to sign to maintain control or as a response to unresolved feelings about the end of the marriage.
Legal Advice
It’s possible that their solicitor has advised against signing the order, potentially due to concerns about the appropriateness of a clean break in their situation.
What can you do if your ex refuses to sign a clean break order after divorce?
If your ex refuses to sign a clean break order, you can consider:
Further negotiation
It might be possible to renegotiate the terms of the clean break order. Sometimes, small adjustments can make a big difference in reaching an agreement. You might consider:
Revisiting the Terms: Are there specific terms that your ex finds unacceptable? Identifying and addressing these concerns directly may lead to a resolution. You might need to compromise on certain points, but achieving a clean break could be worth the concessions.
Mediation: A neutral mediator can help facilitate discussions between you and your ex, working towards a mutually agreeable settlement. Mediation can often resolve disputes without the need for further legal action, saving both time and money.
Arbitration
If you are unable to reach an agreement on the terms of the clean break, it is possible to engage an independent judge or arbitrator to look at the details of your case and provide a judgment. This is often much quicker than asking the courts to decide, but it does mean you and your ex will need to pay for the judge’s time.
Court Intervention
If your ex refuses to engage in meaningful negotiations, you can apply to the court for a financial order, which can include a clean break order. The court will consider all relevant factors, including the financial needs of both parties and any children involved. The process will involve the disclosure of all financial assets of both parties and can be quite long and involved.
Preventing future financial claims
Even if your ex won’t sign a clean break order, it’s crucial to understand the risks of leaving financial matters unresolved:
Future claims
Without a clean break order, your ex can make financial claims against you years after the divorce, potentially putting your future assets at risk.
New relationships
If you remarry without a clean break order, your ex could make a claim against your new financial circumstances, complicating your new marriage.
Getting legal advice on a clean break order
If you’re facing difficulties in securing a clean break order, it’s important to seek legal advice. A Woolley & Co family law solicitor can guide you through the process, helping you understand your options and the potential implications of each choice. They can also represent you in negotiations or court, ensuring that your interests are protected.
To take advantage of your free 30-minute consultation about a clean break order and other divorce financial matters, call 0800 321 3832 or complete our quick online form.
Catherine Edmondson
Divorce and family solicitor Stoke on Trent
