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What does a clean break order actually mean?

(5 Posts)
FaithLoveandHope Sun 27-Mar-16 09:07:34

Hi All, DP and his ex have been divorced for a few years now. At the time they didn't get a clean break order. I'm not entirely sure why not tbh, DP says it's because his ex said if he wanted it he would have to pay for it and he'd already paid thousands trying to get a divorce. I don't really understand what it means though? He has said if he comes into a large inheritance then technically she could put in a claim for it and take him to court her share. This worries me due to my life insurance policy, I would want it to go to DP but not if his ex wife can make a claim to some of it. Could somebody please explain to me what a clean break order would actually mean? He pays child maintenance at an amount they've both agreed on in mediation (with periodic reviews) but no spousal maintenance as he was only on just above minimum wage when they split. I don't know if that makes a difference at all?

Familylawsolicitor Sun 27-Mar-16 16:31:39

A clean break dismisses all financial claims between them.
The possible claims are
Spousal maintenance
Capital (lump sums)
Transfer of property
Claims against the other's estate on death
Pension claims

Child maintenance claims are never dismissed by the court and remain in the jurisdiction of the Child Maintenance Service (previously the Child Support Agency)

Any of these claims can be made by either of them after the divorce unless a court has dismissed them by making a financial claim, or remarriage.

It is almost certain that his ex could not bring a successful claim against insurance policy left by you to your DP on your death but she could start a claim off in court she is not prohibited from bringing a claim as she would be if there had been a clean break

babybarrister Mon 28-Mar-16 18:34:29

Familylawsolicitor absolutely correct that a claim COULD be brought. Was there any order made by court re finances? If there was then a capital claim would not be possible but there could be a claim for spousal maintenance

FaithLoveandHope Mon 28-Mar-16 19:30:51

Thanks family
baby I've absolutely no idea tbh. I'd have to ask him.

Familylawsolicitor Mon 28-Mar-16 19:44:59

Yes was assuming that there was no financial order made at all. Do check that as babybarrister suggests as it's rather crucial

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