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Legal Terms - clean break
The Matrimonial Causes Act 1973, s. 25A, enshrines the notion that, in the event of a divorce, the court should use its discretion to ensure that each spouse is financially independent of the other, provided that doing so is equitable and reasonable. In most cases, this entails the court ordering one spouse to provide the other a lump sum payment rather than ongoing, periodic payments. In reality, a clean break is typically only enforced in situations involving extremely rich individuals, brief childless marriages, or well-established careers for both partners. If the court determines that a party might reasonably adjust to the loss of financial support in the near future, it may also issue a postponed clean break order, which stipulates that periodic payments would stop after a predetermined amount of time. Even after the court has achieved a clean break in a divorce, a parent who is responsible for a child may apply directly to the Child Maintenance Service for a maintenance assessment under the terms of the Child Support Act of 1991.
The Matrimonial Causes Act 1973, s. 25A, enshrines the notion that, in the event of a divorce, the court should use its discretion to ensure that each spouse is financially independent of the other, provided that doing so is equitable and reasonable. In most cases, this entails the court ordering one spouse to provide the other a lump sum payment rather than ongoing, periodic payments. In reality, a clean break is typically only enforced in situations involving extremely rich individuals, brief childless marriages, or well-established careers for both partners. If the court determines that a party might reasonably adjust to the loss of financial support in the near future, it may also issue a postponed clean break order, which stipulates that periodic payments would stop after a predetermined amount of time. Even after the court has achieved a clean break in a divorce, a parent who is responsible for a child may apply directly to the Child Maintenance Service for a maintenance assessment under the terms of the Child Support Act of 1991.
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