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An expert’s breakdown of clean break consent orders

Posted on: 12/07/2022

In this article, Family Associate Amy Langlois answers questions around clean break consent orders.

Amy outlines exactly how long it takes to attain a clean break consent order and discusses your options if your ex-partner doesn’t agree to enter into one.

How do I stop financial claims from my ex?

We often get questions from clients regarding the financial side of divorce, including queries such as:

Once I am divorced, am I no longer tied to my ex financially?

Can we just get divorced and agree finances privately?

In this article, I look to answer these questions and more…

What is a clean break consent order?

A clean break consent order is a form of financial order which can be used to settle and resolve all financial issues between you and your ex-partner, so you become financially independent from each other.

How does a clean break consent order work?

Such an order will often dictate that:

  • A lump sum should be given to one party by the other, or
  • The property should be sold or transferred into the sole name of one of the parties, or
  • No further claims by either party (e.g. periodical payments)

Is a clean break consent order legally binding?

Yes, if approved by court, a clean break consent order will be legally binding.

Can the court refuse a clean break consent order?

Whether a clean break consent order is granted by the court depends on each particular case, their facts and whether it would be appropriate in the circumstances. It is ultimately up to the court to decide.

Essentially, they can refuse if they feel necessary.

In the full article, Amy goes onto to discuss how much a clean break conent order costs, how long it takes and what happens if your ex doesn’t agree to one. Click here to read it.

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