Once you have reached an agreement with your former partner, a divorce lawyer can make a consent order for you. If the agreement is fair to both of you, the Court of Justice will seal the order. The agreement will then be legally binding. This is not just a rubber stamping exercise. The judge who looks at the order will want to know that it is right, and he will read it carefully. Sometimes the judge wants you two to put this. „Divorce does not stop all financial obligations between spouses. I have met people who earn money years after a divorce, just to meet an unexpected request from their former spouse. You may be friendly, but relationships can be angry over time, especially if one of you enters into a new relationship or enters into a new wealth.
You can avoid an unexpected claim at a later date by getting a financial agreement called the Clean Break Order. A cohabitation agreement for unmarried partners is the place where couples who live together but are not married enter into an agreement to protect their rights. It can cover all kinds of things, such as. B the share of ownership of each party, what happens when the relationship ends. A clean break allows you to become financially independent of your former spouse if you divorce. If your financial situation allows, a clean break-up agreement is usually preferable to the ongoing maintenance of the spouse. You will want to be sure that your agreement will cover all the most important issues and will be made legally binding with a clean break order. On the other hand, it should be possible to agree on a clean break if you have limited or non-existent rights against each other. A clean break is most likely if you are married for a relatively short period of time, have no children and earn a similar income. There are a number of legal cases that emphasize the importance of a proper break provision. An extreme example is the case of Nigel Page, who won $56 million in the EuroMillions lottery ten years after his divorce. At the time of his divorce, he had relatively modest assets and did not receive a break order of his own.
His ex-wife took advantage of this omission and negotiated an alleged $2 million transaction. If you have children under the age of 18, you cannot take a clean break as you will continue to have financial obligations. Here, the court authorizes an agreement between you and your former spouse on finances. The agreement means that you and your ex-partner`s finances are totally separated forever and that you can no longer claim the other person`s financial claims. It is more likely that the court will take this order if your marriage has been short and so it is easy for you to be both financially independent, for example.B.