Understanding the Differences: Consent Orders and Clean Break Orders in Divorce

Navigating the complexities of divorce proceedings can be daunting, especially when it comes to the legal jargon and the array of orders that can be issued. Two terms that often cause confusion are "Consent Order" and "Clean Break Order." While they may seem similar, these orders serve distinct purposes in the context of a divorce.

What is a Consent Order?

A Consent Order is a legal document that finalises the financial arrangements between divorcing couples. It is essentially a mutual agreement that has received the approval and thus, the authority of a court. The order details how assets like property, pensions, and savings will be divided, as well as how any debts are to be managed. It can also include arrangements for maintenance payments, either for a spouse or for children.

The key aspect of a Consent Order is that it is consensual – both parties must agree to the terms. Once approved by the court, it becomes legally binding, meaning both parties must adhere to the agreed terms. Failure to do so can result in legal consequences.

What is a Clean Break Order?

A Clean Break Order is a specific type of Consent Order. The primary purpose of this order is to sever the financial ties between the divorcing parties, meaning neither party can make any financial claims against the other in the future. This includes claims against pensions, inheritances, or any future earnings.

A Clean Break Order is especially relevant in situations where both parties are financially independent and wish to avoid any future financial dependency or claims. It's important to note, however, that a Clean Break Order does not cover child maintenance, which remains a separate issue.

Key Differences

1. Scope of Financial Arrangements:

- A Consent Order covers a wide range of financial arrangements and can include ongoing commitments like spousal maintenance.

- A Clean Break Order specifically aims to terminate all financial commitments between the parties, apart from child maintenance.

2. Future Claims:

- A Consent Order allows for some degree of flexibility and can be revisited under certain circumstances.

- A Clean Break Order completely eliminates the possibility of future financial claims.

3. Applicability:

- Consent Orders are applicable in a variety of financial situations and are tailored to the specific circumstances of the divorcing couple.

- Clean Break Orders are more suited to situations where both parties are financially independent or agree to a one-time settlement.

Conclusion

In summary, while both and Clean Break Orders are instrumental in resolving financial matters during a divorce, they serve different purposes. A Consent Order provides a comprehensive framework for financial settlements, whereas a Clean Break Order is designed to end all financial ties between the divorcing parties. Understanding the distinction between these two orders is crucial for individuals going through a divorce, ensuring they make informed decisions about their financial future.

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