Hi, I have just filed for divorce on the grounds of unreasonable behaviour and wondered if someone could explain if I will be able to go for a Clean Break agreement re the financial side of things. We have 3 children, so my husband will be paying maintenance for 10 years, does this stop us having a clean break settlement?
In its purest form, a Clean Break agreement is where all claims which either party may have against the other are dismissed and neither can make any further claims in the future. As you obviously know, child support is a statutory obligation and one cannot get a clean break from the duty to support one's children. Apart from that, it is perfectly possible, in theory, for all claims except child support to be dismissed, but whether you call that a clean break is, I suppose, a matter of semantics. I can't comment as to whether this is possible in your case without much fuller information as to your respective incomes and circumstances.
Actually, in 1999 (my first divorce), We were given a clean-break. However, the judge suggested that I could come back to him with matters pertaining to the welfare of our son. (Citing school fees etc).