Published on March 13, 2023
An order of the court barring any further financial claims between the divorcing couple. A clean break settlement cannot include spousal periodical payments/maintenance (it can include child maintenance though). A clean break is only effective if the financial agreement is confirmed within a court order. The court has a duty in all financial proceedings to consider whether a clean break is possible.
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Correspondence or documents that are marked “without prejudice” cannot be shown to the court. The purpose of allowing this is to...
This used to be one of the five facts or bases for getting a divorce, i.e. the behaviour of the respondent was such that the applicant shoul...
An undertaking is a promise given to the court or to the other party. Once an undertaking has been given to the court, it has the same effec...
