Clean break consent order

What happens if my ex won’t sign the clean break order?

Ideally, in cases of amicable separation, the two parties can discuss their finances and come to a mutually satisfying agreement.

However, agreeing on how to split assets and investments upon divorce can breed more conflict than any other part of the process.

If your ex refuses to sign a clean break order or you and your ex-spouse are struggling to come to an agreement, there are various options available.

1. Solicitor to solicitor negotiation
2. Mediation
3. Collaborative law
4. Ancillary relief order

1. Solicitor to solicitor negotiation

This avenue is typically recommended for high-conflict divorces.

When the relationship ends, there may be residual conflict and resentment that can easily turn conversations into arguments.

It’s a good idea to seek advice from a solicitor.

If you and your ex-spouse cannot reach an agreement, you can resort to a solicitor to solicitor negotiation: your respective solicitors will negotiate the settlement with each other under you and your ex’s instructions.

2. Mediation

Solicitor to solicitor negotiation can be expensive and often time-consuming.

That’s why it’s recommended to try mediation before resorting to the first option.

In mediation, an independent third party will aid the discussion between you and your ex-spouse in order to help you reach an agreement.

You can also use mediation when drafting the agreement about any other divorce-related issues, such as custody of children.

In most cases, if you can’t reach an agreement and sign the clean break order, mediation will be necessary – you may need to ask the court to do this for you.

However, in cases of domestic abuse, mediation is not usually required.

3. Collaborative Law

Collaborative law refers to four-way meetings that occur between the two divorcing parties and their respective solicitors.

This can help keep emotions in check and help ex-partners reach an agreement about their finances and financial settlements.

This is normally less expensive than going to court.

4. Ancillary relief order

If your ex-spouse is refusing to sign any financial settlement, you may need to go to court and ask the judge to settle the financial matters for you.

This should only be a last resort as it incurs additional costs and is usually more time-consuming than any of the other options.

If your spouse is adamant about not signing the clean break order or you cannot agree on the terms of the financial settlement, ask the court to approve your clean break consent order.

This avenue is also known as ancillary relief order.

The reason why ancillary relief is more expensive is that it involves a solicitor and a barrister.

You will also be required to pay the court fees. The benefit is that the court keeps a very strict timeline which ensures your case will not be allowed to drift. It also doesn’t require cooperation from your ex-spouse.

Matrimonial agreements (clean break orders) are quicker and cheaper than ancillary relief but the former will very much depend on how cooperative your ex-spouse is.

It’s generally recommended to try and exhaust every option, including mediation, before involving the court – this will provide for a fair division of assets and maintain the amicable relationship between the two of you.