What is a financial order? It’s part of the divorce procedure. A financial order or a clean break order as it’s otherwise known, regulates such aspects of the financial agreement as spousal maintenance or alimony, payment for a capital sum or a lump sum, provide for a sale of a property or a transfer of a property and also a pension sharing order.
Caroline Saunders is the founder of Independent Legal Services which compliments family mediation. She takes the mystery out of the divorce process by helping you complete your divorce papers and make them legally binding.
When you have successfully gone through family mediation and you have a settlement agreement on all matters relating to finances, Caroline is there to help you formalise that agreement.
Unless you have a clean break order or financial consent order no matter how long you’ve been divorced, as seen in the Wyatt and Vince case, one or other of the parties can come back and ask to apply for a financial order.
Ideally when you go through your divorce process or end your civil partnership, as part of the settlement agreement you should have a financial order that deals with every aspect of the financial side of your marriage.
What happened to one of Caroline’s clients when they didn’t finalise their financial agreement? What happens when there is no court order?
A lot of couples assume that once there is a divorce that’s it but it’s is only the ending of the marriage it’s not the ending of the financial relationship between them.
How important is it to have your financial agreement. You must, must have that put into a court order.
Independent Legal Services does this. When you have a couple that have reached agreement in relation to a divorce or civil partnership, I’m there effectively to help with all the form filling but most importantly to draft the financial order.
The financial order is what gives you a proper clean break.
If you reach an agreement together, you still will need somebody with specialised family law knowledge, preferably a family lawyer, to look at that agreement and say if it ‘s going to work in practice.
Caroline is a seasoned family lawyer and a member of Resolution which follows a strict code of practice and code of conduct so as to promote amicable and conciliatory divorce. You can contact Caroline on: