Financial Orders on Divorce

It is important when getting divorced to deal with both the end of the marriage and the financial aspect of the matrimonial proceedings. If you don’t it is possible for an ex-spouse to pursue a claim in the future.

Once parties have reached an agreement, the agreement is documented in what is called a Financial Remedy Consent Order. The document will set out in detail the terms of the agreement reached and the agreements and declarations being made by the parties. The Consent Order is then submitted to the Family Court for approval by a District Judge, once approved if either party does not comply with the terms of the agreement it is possible to apply to the Court to enforce the Order.

A Consent Order is the same as a Financial Remedy Order ordered by the Court in contested financial remedy proceedings the only difference being that it is made by agreement between the parties.

Is a Consent Order the same as a ‘Clean Break’ Order?

A Financial Remedy Order is not necessarily also a Clean Break Order. 

A Consent Order can contain a clean break order within it, if it is appropriate to do so; a clean break severs the financial ties and obligations between ex-spouses. It confirms the full and final settlement between parties and ensures that neither party can make a future clam against the other in lifetime or on death.

It is not always appropriate for a Clean Break order to form part of the Consent Order. For example, where an Order contains spousal maintenance the Court may defer a clean break in relation to income, capital and inheritance until the maintenance terms has expired, or may order a partial immediate Clean Break with a deferred Clean Break.

A Clean Break will only be made if it is considered suitable in each particular set of circumstances.

At Browell Smith and Co our expert Family Law Team are here to offer specific tailored advice to assist you in navigating this complex area of law.