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Thoroughly excellent service provided via Wikivorce. Was slightly apprehensive of how it would all work, especially at a distance. However, they were swift, efficient, immensely polite, accurate, and gave regular updates. I would recommend them to anyone.
Can't fault my experience in any way. Brilliant advice / available at short notice for any questions and most importantly swiftly achieved the desired result. Found Austin Kemp after feeling HCB Solicitors were not acting in my best interests and I was correct on all fronts - even including having an appreciation for the fact Divorce is already emotional situation. Also, rather than have to query every suggested next step and be charged for the pleasure; As I'd done a little research of my own and was able to challenge their advice - however we pay Solicitors for their expertise and need to put our trust in them. Austin Kemp thankfully achieved that for me during our first conversation I was already reassured they understood what I wanted and how best to achieve it. Resulting in 7-8 months less work and no court appearances as I had been previously advised by HCB. I THANK YOU DEARLY AUSTIN KEMP. I can start my life again earlier and with a healthier bank balance because of you!!!
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Austin Kemp provides a pragmatic and honest approach to the individual's journey through Family Law issues. They demonstrate a willingness and capacity to respond to challenging and unpredictable circumstances. The professional, yet personal, service is naturally client centred, but with a realistic and informed view of children's needs. And it has been heartening to have such a caring team walk beside me in the long journey.
I cannot recommend highly enough Austin Kemp as a strong, commercially intelligent and the most effective negotiators. Their negotiation skills are second to none. I have seen firsthand the excellent results this team achieves for their clients.
Just want to say thanks so much for everything. You have been brilliant and very patient. I always felt comfortable calling when asking to clarify certain points of the divorce.
I can honestly say that I am more than satisfied with the management of my case and of my then state of mind. I highly recommend this firm. Thank you.
Amandeep Kooner was not prepared to be swayed from a path of professionalism to accommodate my anxiety and frustration. He would not succumb to taking instructions tit for tat response. He ensured at all times that the response he gave reflected a dignified client with a pleasant demeanour. In so doing he demonstrated his commitment to protect and secure my interests and dignity off which I am most grateful.
Although he has a dual approached role which is business and a duty of care, Amandeep Kooner showed concerns for the level of expenditure that I had already put out with no resolve. His team contained the work to the minimum and produced the maximum results. My case was quickly progressed without compromising compassion and understanding.
Very professional service! Explained everything they were doing for my case every step of the way and really helped me to understand how we would proceed. Thank you!
Intellectually bright, hardworking and extremely professional - Amandeep Kooner took my case at it most difficult as I had come to the end of my ability to remain calm and patient. Up until I instructed Austin Kemp, I had lost all hope that any solicitor could convince me in pursuing a non-retaliatory approach as I was losing ground to allegations and fabrications. Tough, hardworking and extremely professional.
Many of our clients come to us wanting a ‘clean break’ from their spouse when they divorce. Separating from a partner can be a difficult and stressful time and the temptation to walk away without any remaining ties to that person, particularly when there are no children involved, can be great.
Seeking legal advice in order to understand exactly what a clean break consent order is and what it would mean for your circumstances, is essential.
In this article, we will take a closer look clean break consent orders and discuss why they can be so important.
When a financial settlement is reached between you and your spouse, you can ask a judge to make this legally binding. This is known as a consent order.
A consent order contains information regarding the terms of your financial settlement, such as who will get the house and the details of any maintenance. A clean break order is something that can be included in a to dismiss yours and your spouse’s rights to financial claims against each other in the future.
It’s important that your consent order is drawn up by a solicitor with experience in this area of law.
Normally, it won’t be necessary to go to court to get a consent order, as long as you provide enough information for the judge to make a decision on your order and both you and your spouse have legal representation.
If a judge does not think your consent order is fair, they could change your consent order or make a new court order.
A clean break consent order is generally seen as a good thing, as both parties can move on without financial obligations towards each other. However, it is not always possible, or advisable, to have a clean break from your spouse.
If you don’t have a clean break consent order, your spouse could go back to court at a later date and ask for more money from you if, for example, you win the lottery or receive money through an inheritance.
One of the most famous cases was involving clean break orders has to be that of EuroMillions winner Nigel Page.
Mr Page had been separated from his former wife for 10 years, when he won over £50 million on the lottery. He and his ex-wife did not have a clean break clause when they divorced. This had serious financial implications for Mr Page, as in the end, it was reported that he made an out-of-court settlement of £2 million to his former spouse.
This case highlights the importance of clean break consent orders upon divorce.
Another case which underlines the importance of reaching a financial settlement and getting this made into a legally binding order, is that of Wyatt v Vince.
After meeting and marrying in 1981, Kathleen Wyatt and Dale Vince parted ways in the mid-eighties, before eventually divorcing in 1992.
Ms Wyatt already had a child before she met Mr Vince and they also had a child together during their relationship.
After they separated, Mr Vince, who was described as a “former New Age traveller”, later went on to set up a successful company, which in 2016 was reportedly worth “at least” £57 million. More than 25 years after they’d separated, Ms Wyatt made an application to the courts for financial orders, including a lump sum.
Eventually, in 2016, Ms Wyatt was reportedly awarded a £300,000 lump sum payment.
This case emphasises the importance of dealing with financial matters upon divorce and shows why an informal agreement is often not enough.
may result in the door being left open for your spouse to make a financial claim against you in the future, long after you divorce.
If you are getting a divorce and haven’t done so already, we highly recommend that you seek advice from a solicitor.
Seeking legal advice about whether a clean break consent order is suitable for your circumstances is essential. Clean break orders may not be appropriate for every divorcing couple.
Sometimes, for example, it may be necessary for either you or your spouse to make maintenance payments.
This does not necessarily mean that there can be no clean break, as you may be able to look into the possibility of a deferred clean break. This is a type of consent order that says that a clean break will happen when certain things come to pass, such as, for example, your child finishing their education.
Equally, instead of maintenance, some couples opt for a lump sum payment, as a clean break is wanted.
Clean break consent orders may not be in your best interests. If, for example you believe that your spouse may get a much better paid job in the not-too-distant future, a clean break order may not be a good idea for you.
This is why it is essential to talk through your options with an experienced solicitor.
Coming to an agreement about how you will split any assets and investments upon divorce can often be the most difficult and time-consuming aspect of the divorce process.
When you hear about divorce battles taking many months or even years, it is likely that it is the finances and how to separate them, that the couple is having difficulty reaching an agreement about.
For couples who are struggling to come to an agreement, there are various different options open to them:
When a relationship ends, emotions can run high and conversations can all too easily turn into arguments.
Some couples can and do reach an agreement on how they will split their finances without any outside help. Even if this is the case, it is always a good idea to seek advice from a solicitor to ensure that you have not missed anything.
For many couples, it is simply not possible to reach an agreement between themselves.
Solicitor to solicitor negotiation is the process by which yours and your spouse’s respective solicitors negotiate your settlement with each other, under your instruction.
As specialist divorce solicitors, we are often asked whether it is really necessary to apply to the courts for them to approve a consent order or a clean break order. However, it is important to remember that without a legally binding consent order or clean break order, you could be putting yourself at risk of financial claims from your spouse in the future, particularly if they don’t remarry.
As we mentioned above, a clean break upon divorce may not be suitable for everyone.
For advice regarding your particular circumstances, it is important to speak to a solicitor experienced in this area of law.
It is worth noting there that there cannot be a clean break to dismiss all future financial claims between a parent and a child.
There are some very limited occasions, such as fraud or an “intervening event”, when a consent order or clean break order can be overturned in the future.
If your spouse didn’t disclose all of his or her assets, a consent order could be overturned.
With more and more people opting for DIY divorces, without seeking any legal advice, it is all too easy to neglect getting your agreed financial settlement made into a legally binding order upon divorce.
The divorce process, particularly the financial side of things, can be highly complex. Seeking independent advice from a solicitor can help you to ensure that you are not leaving yourself open to financial claims by your ex-spouse in the future.
Our expert family law solicitors can help you with a range of legal issues relating to clean break consent orders, including:
For more information call our divorce solicitors on 0845 862 5001 or email email@example.com.
Our expert divorce solicitors offer a nationwide service. We have client meeting office facilities available, in order to have face-to-face client meetings / conferences as and when required in our:
Leeds Office: St Andrew House, The Headrow, Leeds, LS1 5JW
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