Divorce and the clean break, Chelsea-style
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Divorce and the clean break, Chelsea-style
“Millie Mackintosh and Hugo Taylor head for ‘clean break’ by starting divorce proceedings” reads the Metro headline in relation to these “Made in Chelsea” stars who have reportedly decided to go their own ways after seven years of marriage. But what does it mean?
It is important to note that any divorce and a financial settlement are two different processes. A divorce simply dissolves the marriage. It does not deal with finances in any way: this has to be done by a separate application for a financial remedy.
Under section 25A of the Matrimonial Causes Act 1973, the court has a duty in every single application for a financial remedy to consider whether it would be appropriate to exercise its powers so that the financial obligations of each party to the other be terminated as soon after the making of the order as the court considers just and reasonable. In other words, it must consider whether or not there should be a clean break and, if so, when.
That does not mean that every case is ripe for a clean break. Sometimes, there is a case for one party to be paid spousal maintenance by the other. Indeed, if there is enough capital around, this can be capitalised and a clean break sought.
Does an application for a financial remedy mean contested proceedings involving attendance at court? Not necessarily. Most applications are made by consent, based on an agreement that the parties may have reached after, for example, solicitor negotiations or mediation. The court only has the power to make a financial remedy order after a conditional order of divorce has been pronounced.
Key contacts at Dexter Montague for further advice and assistance on divorce and family law issues are Stephanie Alderwick and Tony Roe:
stephanie.alderwick@dextermontague.co.uk
Telephone number: 0118 9393 999
The contents of this article are for the purposes of general awareness only. They do not purport to constitute legal or professional advice. The law may have changed since this article was published. Readers should not act on the basis of the information included and should take appropriate professional advice upon their own particular circumstances.
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