Legal Services
Clean break or Maintenance?
The courts encourage both parties to be financially independent after divorce and to maximise their own earning capacity.
A clean break is a settlement where it is ordered that neither the husband nor the wife will claim maintenance or additional capital from the other in the future. If one party cannot earn at all, or can only earn much less than the other, a clean break will only be possible if other assets are transferred or if a lump sum is paid which is large enough for that party to meet his or her needs.
Maintenance can be ordered for an indefinite period or sometimes for a limited time, after which there will be a clean break. Such an order may be appropriate if, for example, the wife needs time to retrain or if she plans to return to work when the children reach a certain age.
Maintenance orders come to an end automatically if the recipient remarries. Either party can apply to the courts for a variation if their circumstances change.Contact us for a consultation or follow the links for more information.
Elizabeth CJ Newbold ~ David P Coffey ~ Jonathan F West ~ G Neil Dring