DIY Clean Break Order

Apr 11th

DIY Clean Break Order: Amicable Split or Legal Nightmare?

So you and your ex have decided to call it quits. There are no hard feelings, just a mutual understanding that things aren’t working out. Now comes the part that can feel daunting: dividing finances and property. Fear not, friends! If you’re on the same page and want to avoid expensive court battles, a DIY Clean Break Order might be your saving grace.

But first, what exactly is a Clean Break Order?

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Think of it as a formal agreement that settles all financial claims between you and your ex. Child support, spousal maintenance (alimony), division of assets and debts – it all goes on the table. Once signed off by the court, it’s a clean slate. Neither of you can make future claims on the other’s finances.

Sounds perfect for our amicable split! Can we really do this ourselves?

The internet might be full of downloadable templates, but there’s a big caveat: a DIY Clean Break Order can be a recipe for disaster if not done right. Here’s why:

  • Legal speak is tricky. One wrong phrase could leave you exposed financially down the line.
  • Full disclosure is key. The order needs to account for all assets and debts, which means getting your ducks in a row beforehand.
  • Court approval is crucial. Even a well-written agreement might get rejected if it doesn’t meet legal requirements.

So, is a DIY Clean Break Order a complete non-starter?

Not necessarily! Here’s a smarter way to approach it:

  • Gather information. Make a list of all your assets (house, car, savings) and debts (loans, credit cards).
  • Consider mediation. A neutral third party can help you hash out a fair agreement and draft the initial order.
  • Get legal advice. Before signing anything, have a lawyer review the order to ensure it protects your interests. This might cost less than hiring a lawyer to draft the entire document from scratch.

The bottom line?

A DIY Clean Break Order can be a cost-effective option for separating couples with a clean break in mind. However, don’t underestimate the importance of legal guidance. Think of it as an investment in your financial future. With a little planning and professional help, you and your ex can move forward with peace of mind.

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