Family Law

Consent orders and Clean Break Orders

Consent orders and clean break orders fall under the banner of family law, and Ashmans Solicitors can provide legal services related to them. Where in many aspects a divorce may be considered a new start, there are still a number of issues that must be considered before this can truly happen. Money can pose issues at any stage of a marriage. The issue of money becomes more difficult when it comes to divorce proceedings. Even many years after your marriage has ended.

In England and Wales, an Absolute Decree brings a marriage to a legal end but it does not sever the financial commitment. That means, despite being legally divorced, your ex-spouse may still be able to make a claim on your money or assets in the future. That’s why many choose to get either a consent order or a clean break order; making sure everyone knows where they stand financially.

Clean break divorce

A clean break order is used for couples getting a divorce, or who are already divorced. Wishing to officially cut their financial ties to one another. This can be used to confirm there are no shared assets to be divided between the two and means neither one can make a financial claim against the other in the future. In a typical clean break, any property you own together would be sold and the pensions shared so each party gets their fair share.

Family Law Solicitors

Why would someone choose a clean break?

Many assume that, once divorced, what’s theirs is theirs. However, this is often not the case, and some find out the hard way. Mr Page had been divorced from his wife for more than 10 years, and had even remarried. Then when he won £56m in the Euro Millions draw. During his divorce from the former Mrs Page, they decided to not get a clean break financial order along with their divorce. They decided there was no point as the couple did not have much money at the time.

Mr Page’s ex-wife did not remarry and, when he won the jackpot on the lottery, she made a claim for a share of the pay-out. With no clean break order in place, he was forced to settle the case to avoid an even bigger award going to her. Eventually handing over £2m of his winnings to his ex-wife. Whilst this an extreme case, this shows why finalising finances in a divorce is vital in protecting your future. Even if you feel you don’t need to right now.

Consent order for divorce

A consent order essentially the same as a clean break but is used for couples who have financial assets to divide. It lists the couple’s assets and states how they will be shared out. It also includes a section which stops either spouse from making a financial claim against the other in the future.

Divorce financial settlement

Agreeing on finances, either with your ex-partner alone or by using a family solicitors, is a tough but essential part of a divorce. The main ways you can come to an agreed financial divorce settlement include:

A prenuptial agreement

Whilst it may not be something you want to think about before marriage, agreeing on what will happen to savings and assets in the event of a divorce can save a lot of time, money, and bitterness later down the line should things not work out as planned. Although not legally binding, these are often used in courts to reach a final judgement.

Mediation

If a prenuptial agreement was not made at the start of the marriage, reaching an arrangement that works for everyone during divorce proceedings can be a little harder. Couples may choose to divide their assets between themselves with the help of a divorce lawyer. This is to ensure the end result is fair. Whilst this can still be a stressful and lengthy process, many prefer find mediation over taking their case to court.

Consent Orders and Clean Break ; Court

Mediation is not always successful, making a court case unavoidable. Courts will take certain factors into account when forming their judgement. Including any financially-dependent children and the individual earning potential of each partner. If either is found to be at a significant financial advantage to the other, the courts may make them pay spousal maintenance. This could be either for a set number of years to allow them time to become financially independent. Or for the rest of their lives.

Ashmans Solicitors provides legal services including consent orders and clean break orders in Yorkshire. Also Dewsbury, Leeds, Huddersfield, Sheffield – and Central & East London

Related : Defending a Forced Marriage Application 

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Why Choose Us for your Family Law case?

  • We work with legal aid clients and can assist with obtaining legal aid, if that is appropriate.
  • We offer you a free initial consultation.
  • We are always aware of the relevant laws and regulations relating to children, including patient confidentiality and medical treatment.
  • We have the sensitivity to understand the needs of a child when representing their interests.
  • We demonstrate the ability to represent our clients effectively.
  • We show commitment to representing the interests of clients, especially children.
  • Our experienced family law team will always put you and your child’s best interests first.
  • We have multi-lingual staff in all of our offices, who will give you immediate assistance.
  • You can be assured of competitive prices and a very high success rate.
  • We have an expert team of in-house family law specialists, each with many years of experience representing clients in family courts.
  • We are dedicated to providing the best possible legal advice and services to those going through difficult times.
  • Our understanding and experienced family solicitors can give you professional guidance and support on getting a divorce or a civil partnership dissolution. They’ll also advise on other options, such as legal separation.
  • If you’re being forced into a marriage against your will, we can help you to arrange a Forced Marriage Protection Order.
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Notable cases

Your Justice is Our Mission.

Regina v L.F. Leeds Crown

The defendant in this case was a qualified Certified Accountant. She was originally arrested and interviewed for conspiracy to commit mortgage fraud totalling sums going into millions of pounds.

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Operation Janitor was a large-scale VAT fraud investigated and prosecuted by SOCA. The fraud involved nearly 20 companies and abuse of the zero-rated vat reclaims system for new build properties.

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R-v-T. A. Leeds Crown Court

In this case the defendant along with four others was charged with conspiracy to pervert the course of justice arising out of an accident in which a person died following a road traffic collision.

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R-v-A. A. and others Hull Court

The prosecution allege that our client along with a number of other defendants has been involved in a conspiracy to transfer criminal property being valued in tens of thousands of pounds.

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R V NF Bradford Crown Court 2009

A number of defendant’s in this case were charged with conspiracy to commit mortgage fraud and money laundering in of an overall sum approaching £1m.

Read more about "R V NF Bradford Crown Court 2009"

"Operation Caring Today" Preston Crown Court

Ashman’s Solicitors successfully secures acquittal in a high profile fraud and money laundering case.

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R - V - MD & Others Old Bailey

The defendant along with a number of others was alleged to have murdered the deceased arising as a result of a revenge attack.

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R -v- AA & Others Huntingdon Crown Court

The Defendant, along with 4 others, was charged with entering into an arrangement to launder the proceeds of crime totalling in excess of £1 million.

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R -v- AN Bradford Crown Court

The Defendant, a Company Director, was charged with fraud by false representation amounting to over £660,000.

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R -v- CV Leeds Crown Court

The Defendant was charged with fraud by false representation in relation to his role with two companies plus a further charge of theft relating to an alleged loss to David Brown Ltd said to be over £113,000.

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R -v- SA Snaresbrook Crown Court

This was a highly publicised case involving the London Borough of Tower Hamlets. The Defendant was charged with fraud by false representation.

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R -v- TC & Others Operation Aquamarine Southwark Crown Court

The Defendant was charged with conspiracy to defraud Barclays Private Client International Bank by obtaining mortgage loans to which the Crown allege they were not entitled to.

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Ashmans Solicitors were completely professional in their approach from start to finish. They kept me informed of my case throughout and I was overjoyed with the outcome and service.

Jill Buckley
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