Clean Break Agreement Form

For some who divorce, it may be emotionally better to become financially independent of your former spouse. But a clean break also reduces the risks and potential uncertainties associated with maintaining payment or obtaining alimony. Pension rights can be a valuable asset and must be included in the agreement. You can accept a split from one pension fund or one partner can keep the pension fund, while the other receives a corresponding capital amount or other assets. Once you`ve agreed with your former partner, a divorce lawyer can create a consent referral for you. If the deal is fair to both of you, the court will seal the order. The agreement is then legally binding. It`s not just a buffer exercise. The judge looking at the order will want to know that it is fair and read it carefully. Sometimes the judge will want to see you both to take care of it. The short answer is no, but a clean break can be part of a consent settlement.

We explain the main difference between the two below and give some examples of when you want to use them. If one of you is financially dependent on the other, it can be difficult to enter into a clean termination agreement unless there is enough money available to pay a lump sum as part of a fair agreement. For example, if one of you is caring for the children and has little or no income, you may have to opt for a spousal pension. The spousal pension ends each time the beneficiary remarries. So, if you are financially dependent on your former spouse and intend to remarry, a clean break is preferable. You have the option of separating all remaining financial obligations after your divorce by court order. This can be done either by reference of consent, if you are both able to reach an agreement, or at the end of legal proceedings if you cannot. A clean break agreement takes into account all the assets and income that each of you has and aims to balance your interests. The longer your marriage, the more likely it is that the less fortunate partner will be entitled to a significant share of the fortune, especially if they have made a significant contribution to the marriage by taking care of the house and children. .

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