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Divorce Advice – Uncontested Settlements & Clean Break Orders

Divorce doesn’t have to be a bitter squabble about pets, property, belongings and children. If the two parties can be mature and rational, communicate about their situation and make compromises then an uncontested divorce can bring the marriage to a quick and smooth end.

The two parties don’t need to agree on all elements of the separation in order for an uncontested divorce to work, but they do need to work together to negotiate a conclusion which is agreeable for both. Luckily many people manage to end their marriages in this way, instead of clogging up the courts with messy and complicated divorce cases.

There are loads of benefits to uncontested online divorces, not least savings on litigation and the reduction of stress involved in divorce. Uncontested divorce is simple and inexpensive, and offers a discreet ending which preserves the dignity of both parties. If neither party want distressing personal issues picked over in a court room, then uncontested divorce is often the best solution.

Even if an uncontested divorce is achieved, parties do have a right to make claims against their ex for property or money, unless they get a Clean Break Order. The ex-spouse can ask a Court to make an Order for the other party to pay towards maintenance, division of property and even sharing of pension schemes. This can even apply to money which was not earned or obtained until years after the marriage has ended.

Clean Break Orders or Clean Break Agreements disqualify spouses from making claims against their ex after the divorce settlement. Once a Clean Break Order is made, courts refuse to hear any claims from the parties involved. Clean Break Orders only tend to work if there are no children under the age of eighteen, and if property can be effectively divided for the benefit of both parties.

Getting divorced is a big decision, and one which no one enters into lightly. If you and your spouse can reach reasonably agreements, which will of course require compromise and negotiation, then an uncontested divorce can save time and stress for everyone. A clean break order can also help to ensure that claims are not made years after the divorce settlement, and you can enjoy financial security and peace of mind.

You might have friends who think they are experts and can provide divorce advice, but if you really want to know about the types of settlement available then you should talk to a divorce lawyer.

John Mce writes on a number of subjects including divorce and divorce advice.