Will the Court consider a Clean Break?
When looking at the financial issues the Court has a duty to consider whether a clean break would be appropriate to bring the parties' financial responsibility towards each other to an end. A clean break is a settlement that finally severs the financial ties between you, so it does not have any provision for future capital or income payments. When there are children, it is usually not possible to order a complete clean break, but if there are sufficient assets to enable the parties to be financially independent, there is no reason why this can not be considered. However, it is common when there are children under 18, to keep a nominal ongoing maintenance obligation in place to allow the matter to go back to Court in future, if required. If you are splitting up and need advice, please contact us now on 01935 823883.