Can I achieve a financial clean break from my spouse?
The Family Court is under a duty to consider when a full financial clean break can be achieved.
In some cases this is very easy to achieve once the financial assets have been divided. In other cases, it might be more complicated. For example, if the couple can rehouse themselves and fairly divide the assets and pensions, then it is likely that a ‘capital’ clean break can be achieved. However, where there are ongoing spousal maintenance payments, the income claims may remain alive until the spousal maintenance comes to an end.
The purpose of a clean break is to stop a party from bringing a financial claim against you in the future; and so you can move forward with your life.
Case study
We acted for a wife. She explained that she ‘married’ overseas but the actual marriage had not been registered properly. This meant that technically she was not married and therefore had no financial claims even though she had been in a relationship for 30 years. The family home was also in her husband’s sole name and the risk was that she was not entitled to anything. We therefore took steps to register the marriage late with the relevant authority who then confirmed the legal marriage. This meant the wife had full financial claims and was able to obtain a fair settlement through the divorce and rehouse herself and provide for her pension.
How can we help you?
We are experts in family law and specialise in divorce and finance cases.
We have a strong track record in achieving negotiated financial settlements for clients and cost effectively. This involves legal expertise, judgment, and strategy particularly as no two cases are the same. We are ranked in Tier 1 of the Legal 500 for 2023 for family law and have a very strong team of divorce lawyers.
It is important that you feel comfortable with your family solicitor; and we always provide professional and sensitive advice. Please click to view our testimonials.
