All three orders mentioned above are orders made by the court in respect of the settlement of financial claims arising from a marriage. Part of dealing with divorcing your spouse involves consideration of matrimonial claims which automatically arise with any marriage or civil partnership. The type of order that you require depends on the nature of how you agree to your settlement with your spouse and whether indeed there are any assets to divide, continuing maintenance or a dismissal of all matrimonial claims.
Financial Order
A ‘financial order’ is the general term used for any order made on divorce in respect of financial matters whether that be a simple dismissal of claims (clean break order), an order agreed after voluntary negotiations without any assistance from the court in settlement of assets (consent order) or indeed an order made following financial remedy proceedings by a Judge.
Clean Break Order
A clean break clause can, and often does form part of all financial orders however the type of order referred to as a ‘clean break order’ is specific in that the parties have no assets to divide, there is no ongoing maintenance, there is no sharing of any pension accrual, no sharing of debts and indeed the only matter that the court needs to deal with is a formal dismissal of matrimonial claims that arise under the law on divorce. The ‘clean break order’ ensures that neither party can claim in the future against the other once the divorce has
finalised. Even if you obtain a final order of divorce ending your marriage, if no financial order is sealed by the court, those matrimonial claims remain open and can be pursued in the future by either spouse. As such, it is always advisable that even if there are no assets to divide and no maintenance is going to be paid, for example, a ‘clean break order’ is signed by both parties and submitted to the court for approval. This will give both parties peace of mind that no further claims will be pursued against them in the future, for example, if one party comes into a lump sum of money from inheritance.
Consent Order
A ‘consent order’ is often the term referred to for an order where there is a division of assets such as a sale or transfer of a family home, a sharing of a pension, lump sums being paid, or continuing maintenance is dealt with by the parties agreeing to matters. This order is more complex to draft but can still include a clean break clause meaning that once those transactions have been completed, there is a dismissal of matrimonial claims. This type of order is often something that is negotiated whether by way of direct discussions between the parties, attendance at mediation, solicitor involvement or indeed a court application has been part pursued and the parties have reached agreement before a Judge is asked to decide the matter.
Final Financial Order
A ‘final financial order’ is the term used whereby financial remedy proceedings have been pursued to seek a resolution of financial matters on divorce. If parties are unable to reach an agreement then often the court is instructed to consider matters and the order is made by the Judge. This ‘final financial order’ again can include clean break clauses and will dismiss and deal with all matrimonial claims in the settlement of assets.
At Cheap Quick Divorce, we offer a ‘clean break order’ for parties that do not require division of assets and simply require a dismissal of matrimonial claims to ensure that their financial circumstances are protected for the future. If this does not apply to you, Rebecca can discuss with you your options in respect of pursuing a ‘consent order’ or ‘final financial order’.
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