Clean break order?

[ValleysGirl72]

Hi lovely people.

I`ve heard of a clean break order. Am I right in thinking that it means that should I go for a divorce, I can waiver my rights to any of his pension and I can apply for him not to have any rights to any of mine?

My youngest DC is 17 and working full time, so there would be no need for child maintenance, also we don`t have any assets - living in rented accommodation and the grumpy has a Motability vehicle.

Any information and/or advice would be gratefully appreciated.

Many thanks in advance

When you divorce, you can (in my view: should) apply for a Consent Order which deals with all your financial matters.

The only exception is Child Maintenance. You don’t have to claim it, but it is separate to the CO and you can’t waive it in the CO - that’s because CMS is a legal obligation relating to your child, not to you. But as I said - you can just not claim it (which is what I do).

Specifically on pensions, yes you can both sign to say no pension sharing. I think you will both be asked to provide a CETV (Cash Equivalent Transfer Value). This comes from your pension provider and can take about 3 months. That’s for a Defined Benefit pension, for Defined Contribution you have a statement.

That’s to stop one party agreeing to set aside pension values when the other party has lied about what theirs is worth!

But the whole process is pretty simple, and yes - means you get a clean break with no worry that years later one could try to make a claim on the other.

No, as part of the divorce all assets are included in the pot then shared
A clean break consent order means that post divorce and final Consent order granted neither party can in future years make further claims in their former spouse

@Cocomarine

No, as part of the divorce all assets are included in the pot then shared

But they can be shared however both parties agree

In principle yes they can agree how to split if deemed fair and if both parties have sought independent legal advice. If not, then even if both parties agree a judge may not sign it off

@MarieG10 that quote wasn’t me

@millymollymoomoo that’s why I said they’ll likely need CETV / statements - so the judge can be alerted if the split seems heavily weighted one way.

My divorce was very much financially in my XH’s favour as I chose not to consider his business - my solicitor said it could be queried by the judge as % wise it was a big disparity, but it wasn’t challenged.