Can I Get a Clean Break Order Without a Solicitor?
October 9th 2024
When you’re going through a divorce, it’s natural to feel overwhelmed, especially when it comes to handling your finances. One of the key questions that often comes up is, “Do I really need a solicitor for a clean break financial order, or can I handle it myself?”
It’s a fair question—no one wants to add unnecessary costs to an already stressful process.
In this article, we’ll help you decide whether you need professional help by exploring the risks, benefits, and costs of managing a clean break settlement yourself versus using a solicitor.
Do You Legally Need a Solicitor for a Clean Break Order?
No, you’re not legally required to use a solicitor to get a clean break order.
You can draft a clean break order yourself, but it’s generally not recommended unless your financial situation is very straightforward.
Even then, you run the risk of missing important clauses or making errors that could cost you more in the long run.
If you decide to go down this route, you must complete Form A and Form D81 (the financial statement) and submit them to the court.
Unless you’re familiar with family law and court procedures, this can be overwhelming and confusing.
Drafting a clean break order without a solicitor might save you solicitor fees, but without professional advice, you might:
- Overlook important assets, like pensions or shared debts.
- Fail to draft the order correctly, leading to court rejection.
- Leave yourself vulnerable to future financial claims from your ex-spouse.
What Are The Risks of Not Using a Solicitor?
When considering whether or not to use a solicitor, it’s important to consider the risks involved in handling a clean break settlement yourself.
Here are some of the potential pitfalls:
1. Overlooking Important Financial Details
Without a solicitor’s expertise, it’s easy to miss key financial elements like pensions, savings, or shared debts that could still tie you to your ex-spouse.
For example, pensions are often overlooked, even though they can be some of the most valuable assets.
A poorly drafted clean break financial order might leave these assets exposed to future claims.
2. Court Rejection Due to Errors
Clean break settlements need to be correctly drafted to be enforceable.
Without a solicitor’s expertise, you risk submitting an order that the court rejects due to mistakes.
This can delay your financial separation and cost more in fees to correct.
3. Leaving Yourself Vulnerable to Future Claims
The main reason for getting a clean break financial order is to sever financial ties completely.
Without a solicitor, you might leave gaps that allow your ex to claim future assets, such as a new home, inheritance, or business.
How Much Does a Clean Break Cost?
Solicitors fees are typically between £900 – £2,000 for a simple clean break order where couples have no assets to divide and simply want to end all future financial ties.
Divorce-Online offers affordable fixed fee services to help you get finality after divorce and move on without worrying about future claims hanging over you, whilst not adding a financial burden to your life.
Clean Break Order – £399
Our Clean Break Financial Order Service involves an SRA-regulated family lawyer drafting the legal documents for you. You then receive instructions on how to apply to the court yourself.
This service is ideal for couples who have no shared assets or have already divided their assets and want to draw a line in the sand by ending all financial ties.
Financial Consent Order – £399
Our DIY Consent Order Service involves an SRA-regulated family lawyer drafting a consent order to your exact individual needs. You then receive instructions on how to apply to the court yourself.
This service is ideal for couples who have relatively simple financial arrangements, such as the division of the family home, savings, and debts.
Benefits of Using a Solicitor For a Clean Break Order
Here are some of the most important benefits of having your financial agreement drafted by a family law solicitor:
✅ Peace of Mind
Having a solicitor manage your clean break settlement ensures that it’s legally sound and future-proof. You’ll have peace of mind knowing you’re fully protected from any future financial claims.
✅ Avoid Costly Mistakes
A solicitor helps you avoid common errors, ensuring the clean break divorce process runs smoothly, and your financial future remains secure.
✅ Faster and More Efficient
Solicitors know how to navigate the court process, helping you avoid delays and making sure the clean break financial order is finalised as quickly as possible.
FAQs
A: Yes, even if you currently don’t share any assets, it’s crucial to get a clean break order in place before making any significant purchases like buying a house.
Without one, your ex could make a financial claim on the property you bought after the divorce.
Even though your finances are separate now, without the legal finality of a clean break order, your ex could argue that they are entitled to a share of assets you acquire after the divorce, such as your new home.
This is particularly risky if your financial situation improves significantly post-divorce.
A solicitor can help you draft a clean break order to ensure that your future assets, like your new property, are protected.
A: In most cases, a clean break order is final and cannot be changed once it’s been approved by the court. The whole purpose of a clean break is to sever financial ties permanently.
However, if there has been fraud or misrepresentation (for example, one party hid significant assets during the process), you may be able to appeal the order, though this is rare and requires legal intervention.
A: You can request a deferred clean break order.
This means that while spousal maintenance might continue for a certain period (such as until a child finishes school), the financial ties will be severed after that point.
It’s important to use a solicitor for a deferred clean break to ensure that all conditions are clearly defined, preventing future disputes.
A: In most cases, neither party needs to attend court if both agree to the clean break order, and the paperwork is submitted correctly.
The court will review the application and approve it without the need for a hearing.
However, if there is a dispute over the terms of the order, a court appearance may be necessary, particularly if the judge requires clarification.
Do You Need an Affordable Family Solicitor?
Ultimately, while you don’t legally need a solicitor for a clean break financial order, the potential risks of doing it yourself could outweigh any short-term savings.
Financial separation can be complicated, and mistakes can have long-lasting consequences.
For many, especially those with shared assets or complex financial arrangements, using a solicitor offers peace of mind and long-term protection.
At Divorce-Online, we offer solicitor-drafted clean break financial orders starting at £399, providing expert legal support at a fraction of the cost of high street firms.
Get in touch with us today to ensure your financial future is protected, and take the stress out of your clean break divorce.
Clean Break Financial Order For £399
If you have a formal agreement with your ex-partner and wish to formalise it into a legally binding court order without spending thousands, our online consent order service is ideal for you.