No one should underestimate the importance of this order. Most divorcees believe that when they untie their knot, their financial links get cut automatically; however, they are so wrong. Hence, being divorced on paper and being financially independent of one another are two different things. And if you are not sure what a clean break order is and whether or not you need one, continue reading.
A Few Words about the Document
As soon as you and your soon-to-be-ex-spouse reach settlement of your money issues, the court will make it legally binding. This document is known to be a consent order.
The latter comes with detailed information, such as who and how much will get along the way. This paper can be complemented with a clean break order to prevent both sides from claiming anything against one another post divorce. If you have one, make sure it is signed by a solicitor who is well versed in this very area of law.
If your couple has done a great job settling your financial issues and drafting your financial settlement, the court will make its decision basing on what you provide. However, if a judge doesn’t think that your settlement is totally fair, a new court order may be drafted.
It is highly recommended to have a “clean” break, especially if you want to make a fresh start owing anyone anything. Nevertheless, not all divorcing couples can have one, and there may be a few reasons for this.
Why You May Need This Order
Without this document, your happy post-divorce life can be disturbed by your former love going back to the court and requesting a large sum of money from you after he or she learns that you got rich. No matter if you untied your knot a few years ago, if you didn’t get a clean break order, the Attorney in Utah warns that you may be obliged to give this person what he or she wants. . Sounds outrageous, doesn’t it? For this very reason, it is crucial to take care of this paper right before you start divorce filing – better safe than sorry. If you have one, your ex will have no right to ask a dime from you.
It is common practice that former lovers go to court many years after their knot has been untied to oblige their exes to pay them some money only because their exes’ financial shape has somehow improved. As ridiculous as it may sound to you, their requests are normally granted if they didn’t have a “clean” break.
This practice puts emphasis on how crucial it is to sign this order while preparing your divorce court forms . Never forget that a verbal agreement is not what you need mainly because it will always leave open the possibility for more financial claims.
Even though not all divorcing couples should obtain the document, you should ask your lawyer about whether or not you should sign one given your particular situation, such as whether or not you have minor kids, can provide for yourself, etc. After you consult with an experienced attorney, you will know possible options and thus be ready to start negotiating your financial issues with another party immediately.
What to Do if You Have Nothing to Divide at the Moment
Lots of divorcing people often ask their lawyers whether or not they should obtain a clean break consent order if they have no funds to divide. And most often the answer is positive. The truth is that most divorcees believe that if they possess little or no marital property when they file for divorce online or in a more traditional way, it doesn’t make any sense to get the document; however, it is a general misconception.
Remember once and for all, if you untie the knot without getting a clean break consent order, your former love has the right to make as many money-related claims against you as he or she wants, and no matter how long you two have already been divorced. And if you will never remarry, the chances that your ex will go to the court again are much higher.
An increasing number of couples decide to deal with their breakups themselves and thus do their legal divorce forms without obtaining any legal support. Those who know little about the law believe that if they can agree amicably, then making their agreement legally binding is a waste of their precious resources, and thus they decide not to bother with anything. However, they don’t realize that their decision may become their most expensive mistake down the road. Truth be told, no divorce is totally final without the order.
How You Can Get One
This document should be drafted by an experienced divorce solicitor. You should hire one to be sure that your settlement is fair; otherwise, the court will not accept it. Once the document is drafted on your behalf, you should produce it to the court-house, where it will be reviewed to make sure that it is fair and everything is correct. If your solicitor does a good job, you are very likely to be granted a legally binding document in the end.
