A common complaint amongst divorced or divorcing couples is the inability to move on from financial arrangements which continue to bind couples together long after a relationship has run its course. So what can be done to prevent financial claims continuing when both parties often want to move on with their lives?
One solution is a ‘clean break’ although this has come to have different meanings which often lead to misunderstandings of what it actually means. If you think that a clean break, means just that, then you might end up disappointed.
A clean break used to mean that a wife for example would give up her right to claim maintenance in return for an asset such as the family home. The meaning of the term is now more commonly associated with a divorce court making an order to dismiss all further claims one party can make on the other.
The benefit to couples in this case is not having any further financial ties to their previous partner. Often when either party moves on with their life and meets someone new, these ongoing commitments can put strain on new relationships.
One area where a clean break doesn’t apply is in cases of financial claims made on behalf of children.