How long does it take for a Clean Break Order to come through?
Q. I have just submitted an online divorce and from what I have read I think I can apply for a Conditional Order after 26 weeks. However, I am not sure what happens after that. Please can you tell me how long it will take for the Clean Break Order to come through?
A. Firstly, you should be aware that a Conditional Order and a Final Order in relation to divorce are completely separate to a Financial Order. You should also be aware that a Clean Break Order is not automatic. Without a Clean Break Order you have no financial settlement, leaving you susceptible to some nasty surprises later on.
The Final Order for divorce simply dissolves the marriage, meaning that you are no longer married. Unfortunately, the fact that it does not bring closure in relation to financial matters is something which has been regularly misunderstood and misconstrued since the advent of online divorce and the new no fault divorce procedure.
Until you have obtained a Financial Order ratified and approved by the Court, setting out what will happen to any property, money, pensions or other assets and liabilities, everything remains up in the air. For it is the Financial Order which is the essential document that ties up all the loose ends and allows both parties to move forward financially with their lives.
Legal opinion is that the Financial Order is far more important to a separating couple that the divorce itself. Whether you are seeking for your ex to provide for you and your children financially, or you are seeking to protect your assets, future inheritance, pension pot or even a future lottery windfall, it is the Financial Order that you need most.
If you are at all unsure as to your financial position following separation, you should discuss your options with a solicitor specialising in family and matrimonial law.
This question has been answered by Nathan Wright, a Partner with GHP Legal. If you would like to speak to someone about this or any other legal matter, please visit our website www.ghplegal.com and use the contact us form, or call us on: Wrexham 01978 291456, Llangollen 01978 860313, Oswestry 01691 659194
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