What Is A Clean Break Order?

When getting divorced from your spouse, there are a number of different orders which can be made during the process and one of these is a clean break order. Whilst there is an additional cost involved in getting this in place, there are also a number of benefits to this order being in place. It can offer you some real protection against any future financial claims made against you by your ex-spouse.

Most of us think that once the divorce is settled that it is all over and the responsibility for our ex-spouse is over, particularly where no spousal maintenance payments were put into place. However, this is not actually the case and this is particularly true if your ex-spouse does not remarry.

In the event that you were to come into an inheritance or even win the lottery, the absence of a clean break order could open the door to your ex-spouse taking you to court and taking a share of your good fortune.

A Euro Millions lottery winner, Nigel Page, won £55 million on the lottery but when he divorced his wife he did not have much money and didn’t bother making a clean break settlement. This had massive financial implications for him as his ex-wife took him to court and as she had not remarried, as he had, she won her case and he was forced to pay the settlement to his ex-wife, which totalled £2 million and in addition he had to pay his legal fees too.

Whilst the example of Mr Page is an extreme one, there are other financial claims that could be made against you further down the line, if you fail to obtain a clean break order. This may include access to your pension fund, if this was not included in the original settlement.

If you are going through a divorce now or you are already divorced but you did not put a clean break order in place, you should speak to a specialist solicitor as soon as possible and make arrangements to make one to ensure that you are protected now and in the future.

This information provided in this article is not intended to constitute legal advice and each relationship breakdown requires careful consideration in our view by a fully qualified Solicitor before decisions are made and before you embark on a certain course of action.

Shak Inayat
Solicitor
0207 183 289

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What Is Probate?

When a loved one dies, you have to deal with the emotional loss and pain of losing them, alongside the more practical issues that present themselves when someone dies, such as ‘is there a Will?’ and ‘who is going to deal with their estate?’

Probate is the process that encompasses all of these questions and enables other people to manage the execution of someone’s Will, if there is one, or applies the laws of intestacy where there isn’t a Will. It will also legally allow you access to your loved one’s bank accounts and financial affairs, so you can administer these.

In order to start probate, also known as a ‘grant of representation’, you will need to apply for it. You can do this on your own, but using a solicitor will ensure that the process is followed correctly and will take some of the burden from you if you are next of kin.

The first thing that should happen is the locating of the Will. Hopefully your loved one has made a Will and has appointed an executor. This will make the process much easier as you have the direction from your loved one and their wishes and you will not have to follow the restrictive rules of intestacy that apply when there is no Will. If there is no Will, a next of kin will have to apply for probate rather than the executor.

Your next step in the probate process is to apply for the grant of representation. This is done by completing a probate application form along with an inheritance tax form. There is some additional work that needs to be completed prior to applying for the grant of representation though.

You will need to know how much the estate is worth in order to calculate the inheritance tax and additionally, you will have to pay some of the inheritance tax owed by the estate before you have the legal right to access bank accounts and you may have to pay this yourself.

Once this has been completed you will need to swear an oath and give testament to the fact that the information you have given is true. You will then be issued with the grant of representation.

It may be preferable to ask a solicitor to help you complete this process as this can allow you to concentrate on coming to terms with your loss.

This information provided in this article is not intended to constitute legal advice and each relationship breakdown requires careful consideration in our view by a fully qualified Solicitor before decisions are made and before you embark on a certain course of action.

Shak Inayat
Solicitor
0207 183 289