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Monday, 30 March 2015 09:08

The importance of a clean break consent order should not be underestimated…

The recently reported case of Wyatt v Vince in the Supreme Court is a timely reminder that without a clean break order in place you continue to be at risk of an ex-spouse making an application for financial remedies at any time after your divorce has been finalised in this case the application was made after 22 years and according to the Supreme Court the Applicant Wife should be allowed to proceed with her application.

We are yet to know how successful such an application will be and what the wife will be awarded but in the meantime the Husband has already been ordered to pay the wife a significant sum to assist her in funding the legal costs of the application. In this case it was a fairly short marriage and the wealth that the Husband has amassed was all post separation and decree absolute however this has not prevented the application being made. The lesson to be learnt is to make sure all loose ends are tied up when the divorce is finalised and to have a clean break financial order in place, this clean break order prevents any applications in the future and is the only way to offer protection for future potential claims. Many clients on conclusion of the divorce will not proceed with a clean break consent order as they have ‘sorted out the monies’ or they ‘don’t’ have anything anyway.’ The truth is people’s circumstances do change and sometimes in the most unexpected ways with business success or even lottery wins, Mr Vince in this case did not know that his eco-friendly ideas would amass such a fortune but if at the time of the divorce a simple clean break order had been put into place such proceedings and costs could have been avoided. It is important to take legal advice when divorce proceedings are instigated so that you are armed with the full facts. Depending on the circumstances very often a clean break consent order can be done for a cost effective fixed fee. For more information please contact Sophie Mitchell on 01953 883535 or 01603 813920

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