Is a clean break automatic after I divorce my spouse?

Your financial relationship does not automatically end when you get divorced. You still retain the same financial obligations and responsibilities for the other person, at least until you remarry. This means that even years later your spouse could make a claim if you have not settled the finances and concluded things with a court-approved order. If you want to cut financial ties with your ex-spouse for good the team at Farnworth Rose can help you obtain the relevant financial order. Learn more

What is a Clean Break Order?

A Clean Break Order is a court order that ends all financial ties between a divorcing couple. You can apply for a clean break at any point after your conditional order (Decree Nisi) in divorce proceedings has been issued. Learn more

Why do I need a Clean Break?

Sometimes in a divorce, people think that they don’t need any type of Financial Order because there is nothing to split. However, it’s crucial to remember that your future financial peace is at stake because your former spouse could still claim for financial provision later on. Learn more

What’s the difference between a Clean Break Order and a Financial Consent Order?

A Clean Beak Order applies to couples who have no assets to divide. It is a straightforward document that will be put before the court for approval to officially end their financial ties to one another. Learn more

What happens if I don’t get a Clean Break Order?

Even if you have no assets to split at the time of your divorce, it’s best to make sure that you are financially separated. If you do not get a clean break, your ex-spouse has the right to make a financial claim even against wealth acquired after your divorce. Learn more

Can you get a clean break with ongoing child maintenance payments?

Child maintenance is usually dealt with by the Child Maintenance Service (CMS) which means you can still achieve a full clean break even while child maintenance payments are ongoing. This will be until the child reaches the age of 21 or leaves full-time education, whichever happens first. Learn more

Can a Clean Break Order be overturned?

The idea behind a clean break order is that it is final. Nonetheless, there are limited circumstances in which a clean break order can be overturned, including: &#8226 When there are significant, unforeseeable changes soon after the settlement is reached. &#8226 There was evidence of mistakes or fraudulent behaviour during negotiations, for example, the failure of one part to properly disclose assets. &#8226 You were put under undue pressure to make certain decisions that were not in your best interests. Learn more

Property in Divorce

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Dividing Property in Divorce

When going through a divorce or separation, what happens to the family home is often one of the most emotionally sensitive and practically complex aspects of divorce or separation. At Farnworth Rose, our experienced property and divorce solicitors are here to help you navigate those decisions with confidence, clarity and compassion.

Whether you’re worried about where your children will live, whether you can stay in your home, or how assets will be fairly divided, we are here to provide clear legal advice that’s grounded in decades of experience and a deep understanding of family dynamics. With over 35 years of trusted service across Lancashire and throughout England and Wales, we combine legal excellence with a personal approach that puts your future first.

We know that for many people, the family home is far more than just property. It represents stability, memories and security. That’s why we take the time to understand what matters most to you and help you achieve a fair outcome, whether through negotiation, mediation or a financial court order.

Our goal is to reduce uncertainty and guide you through every step, ensuring your rights are protected, your voice is heard, and your next chapter begins from a position of strength.

Why Choose Farnworth Rose for Property and Divorce Matters?

At Farnworth Rose, we understand that resolving property issues during divorce is about security, fairness, and peace of mind. That’s why our team takes a practical yet compassionate approach, helping you protect your future while making informed decisions that reflect your needs and those of your family.

With over 35 years of experience in property and family law, we are trusted by individuals across Lancashire and beyond to manage the legal and financial complexities of divorce with care and confidence. Our solicitors are highly skilled in reaching fair settlements through negotiation wherever possible, but we are also experienced litigators who can represent you effectively in court when required.

From high-value property portfolios to first family homes, we deal with a broad range of scenarios, including cases involving sole ownership, shared mortgages, inherited property, and buy-to-let assets. Whether your priority is to stay in the home, ensure housing for your children, or protect assets acquired before marriage, we will help you find the most constructive way forward.

When you choose Farnworth Rose, you can expect clear and realistic advice tailored to your circumstances. You’ll have direct access to your solicitor, who will always communicate promptly, honestly and in plain language. Our pricing is transparent from the outset, and we will never carry out additional work without your consent. Every solution we offer is designed with your future in mind, and we will always work to deliver what matters most to you.

Above all, we take the time to understand what matters to you and help you move forward with dignity, clarity and reassurance.

Our Property & Divorce Solicitor Services

At Farnworth Rose, we offer a comprehensive range of legal services to support you through every aspect of property and financial settlement during divorce. We understand that no two families are the same, and neither are the solutions. That’s why we take the time to listen carefully, understand your unique circumstances, and deliver advice that is technically accurate and catered to what matters most to you.

+ Mesher Orders

If selling the family home immediately isn’t practical, particularly where children are involved, a Mesher Order may offer the breathing space you need. This type of court order postpones the sale of the property until a specific future event, such as a child reaching 18 or finishing education. We help clients explore whether a Mesher Order is the right option, and if so, ensure the arrangement is clearly defined and legally robust.

+ Sale or Transfer of Property

In many cases, separating couples need to decide whether to sell the family home or transfer ownership to one person. We can guide you through both options. If the property is to be sold, we ensure the process is handled fairly and efficiently, with proceeds divided according to your settlement. If one party wishes to remain in the home, we can assist with negotiating a transfer and managing any mortgage implications.

+ Property Not in Your Name

If your ex-partner is the sole legal owner of the family home, it doesn’t necessarily mean you have no rights. Our solicitors can take swift action to protect your interest, including registering your rights with the Land Registry and preventing the sale or transfer of the property without your knowledge or consent. We will also help you understand your entitlement to equity, even if your name isn’t on the title deeds.

+ Investment Properties and Second Homes

When your financial settlement includes other properties, such as buy-to-let investments, holiday homes or inherited estates, it’s essential to understand whether they qualify as matrimonial assets. We’ll assess your full property portfolio and advise on your entitlement, ensuring that all assets are properly disclosed and valued before division.

+ Offsetting Assets

In some cases, you may wish to keep the family home in exchange for giving up your interest in another asset, such as a pension or savings account. This is known as offsetting. We’ll help you explore whether this is a practical and financially viable option, working closely with financial advisers where necessary to support informed decision-making.

+ Consent Orders and Legal Documentation

Once a property agreement is reached, whether through negotiation, mediation or court proceedings, it’s vital to formalise that agreement with a consent order. This legally binding document ensures the terms are enforceable and prevents future claims. Our team will draft, review, and submit the necessary paperwork, giving you the peace of mind that your settlement is final and secure.

+ Urgent Intervention and Asset Protection

If you believe your ex-partner is trying to sell, transfer, or undervalue property to reduce your share, we can act swiftly to secure your position. From freezing orders to urgent Land Registry restrictions, we’ll use every legal tool available to protect your entitlement and prevent unfair financial loss.

Whether you’ve already reached an agreement with your spouse or need help negotiating terms, we can draft and formalise the financial settlement through a consent order, giving you the legal security you need. And if matters cannot be resolved amicably, our experienced team will support and represent you through the court process with strength, discretion and professionalism.

At every step, our aim is to reduce stress, resolve uncertainty, and help you make confident decisions about your future.

Craig Baldwin

Testimonials

“Firstly I’d just like to thank you for all your help in this matter. From the start you’ve been extremely kind, helpful, friendly and personable whilst also remaining knowledgeable and professional. It’s been of great comfort to me having yourself work on my case and feel externally grateful to have had your support throughout. Thank you from the bottom of my heart for helping me and my son. We can now begin the next phase of our lives thanks to you.”

“Highly recommend Craig Baldwin for family law without a doubt! Very professional and experienced man! Thank you so much for getting me the result I needed.”

“I have been dealing with Craig Baldwin for the last 5 years on an ongoing matrimonial matter. He has been patient, professional, knowledgeable, working into the evening some nights calling me with updates, but above all has got me to where I never thought I could though his expert advice. Thank You.”

“I have now used Mr Richard Farnworth, Kate and his team a few times for various purchases and leases. Each time they have been very efficient, responsive and professional. I would have no hesitation recommending them Thankyou again. Richard, Kate and team.”

“My solicitor is very compassionate and caring, a professional through and through. I have used him several times for different reasons and always got a winning result. Would recommend Craig and Farnworth Rose to everyone in a heart beat. If you need a solicitor these are the guys who can do!!!!”

“I was advised to contact Craig at Farnworth Rose through a colleague. I couldn’t have found a better person to help me through my situation. Although my case, in my opinion, seemed a lot less daunting than others Craig has dealt with I wasn’t treated any less professionally. He supported me through a day in court, made me believe in myself and we got the outcome that was right. I would highly recommend them!”

“Craig and his team highly recommend for services in family law professional and very knowledgeable in the way he will conduct your case. Got me the right decision many thanks.”

“Great service from Richard and Kate from start to finish. Communications were frequent and they really tried to get the completion done as quickly as possible. Will certainly use again.”

“Huge thank you to Craig Baldwin and Jane Halliday for all their hard work during a very stressful and highly emotional time. Craig is an amazing solicitor and I would highly recommend him for any family law matters - not only is he extremely experienced but he is also a great people person and such a lovely guy. He takes the time to really understand the family dynamics and what it is that you're wanting to achieve, but he's also a realist and will happily tell you if something will or won't work (both practically and legally).”

“Craig and Jane are such a brilliant down-to-earth pair to have around in the midst of a divorce. Craig was always in control and knew how to quickly judge my situation. He pushed proceedings forward, not allowing things to drag out unnecessarily. He simply knew what we were up against and took the right actions at the right times. Without Craig, I'd have still been in the chaos of divorce for a long time to come with mounting fees.”

How Our Property & Divorce Lawyers Can Help

At Farnworth Rose, we know that separating your finances, especially your home, during a divorce is personal, emotional, and often overwhelming. That’s why we provide guidance, reassurance and a steady hand to help you move forward with clarity and control.

From your first conversation with us, we’ll take the time to understand your situation in detail: who owns the property, what financial responsibilities exist, what your goals are, and whether children or dependents are involved. We’ll then give you clear, honest advice on your legal position and walk you through your options, such as selling the home, negotiating a transfer, or seeking a deferred sale through a Mesher Order.

Our team can help if you’re worried about what happens when a property is not in your name, or if you believe your ex-partner is trying to hide assets or rush a sale. We’re experienced in protecting property rights, registering interests with the Land Registry, and ensuring that your financial claim is properly recognised and preserved throughout negotiations or proceedings.

If an agreement can be reached, we’ll prepare the necessary legal paperwork, including consent orders, to formalise the outcome and give you peace of mind. If a resolution can’t be achieved outside of court, we’ll represent you with strength and professionalism, always focused on securing a fair and practical result.

Whatever stage you're at, whether you’re just beginning to think about separation or you’re already in the middle of financial discussions, our team is ready to step in, support you, and make the road ahead clearer.

Contact Our Property Divorce Solicitors

Dividing property during a divorce can feel overwhelming but you don’t have to face it alone. At Farnworth Rose, we’re here to help you make confident, informed decisions that protect your interests, your family, and your future.

Our property and divorce solicitors in Lancashire are known for providing clear, compassionate guidance with an exceptional level of client care. Whether you need advice about the family home, a financial settlement, or protecting your property rights, our full service law firm of Solicitors in Burnley & Nelson will be by your side from start to finish.

As a leading family law firm in the North West, we regularly support clients across Manchester, Preston, Blackburn, Rochdale, Bolton and beyond, including clients throughout Yorkshire, Cheshire and across England and Wales. Our Financial Matter Solicitors offer clear, upfront pricing from the outset, with no hidden costs or surprises.

To speak with one of our property and divorce specialists, call us today on 01282 695 400 or complete the form below. We’ll be in touch to help you take the next step with confidence.