Jo Johnson Family Law Limited

13/08/2025

What is a clean break and why is it important?
When a married couple separate, it is a common misunderstanding that the Decree Absolute or the Final Order as it is now called brings the marriage and all associated issues to an end. It doesn’t. The Decree Absolute or Final Order only brings the marriage to an end, it does not end the parties’ financial claims against each other.
The only way to bring such claims to an end is to reach an agreement regarding the division of the assets of the marriage, or if there are no assets, to simply agree to a clean break. The agreement must then be recorded in a document called a consent order which is submitted to the court for approval. If approved, the order becomes a legally binding court order. This can either be done amicably and with the consent of both parties, or if one party fails to co-operate or respond, then an application to the court would be necessary and the court would be asked to decide the division of the assets between them.
In the event that a clean break order is not obtained, the parties financial claims remain open and either party can make a claim against the other at any time in the future. One party could also bring a claim against the other’s estate on their death, and instead of the assets passing to their chosen beneficiaries under the terms of their will, costly court proceedings could take place with the claiming party possibly receiving a share of the deceased’s estate.
Our advice is always therefore to ensure that financial claims are ended by way of a clean break, whether this be by consent or through court proceedings.
Should you wish to discuss obtaining a clean break, please do not hesitate to contact us.

13/02/2024

We are delighted to sponsor Leek Rugby Club.

02/12/2021

Dominic Raab recently told the Justice Committee at the House of Commons that only cases involving safeguarding and domestic abuse (50-60% of cases) should continue to be heard by a Judge. He recommended that greater incentives be put into place to encourage couples to settle out of court, through alternative dispute resolution (ADR). Here at Jo Johnson Family Law we fully support the use of ADR and encourage our clients to consider this where possible.

09/06/2021

It has been announced that the new Divorce, Dissolution and Separation Act 2020 will come into force on 6th April 2022. This means that from next year married couples or couples in a civil partnership can legally end their relationship without assigning blame, modernising the old fashioned divorce laws made 50 years ago.

28/10/2020

We are taking part in Resolution’s ‘Divorce Week’ (30th November to 4th December) when during this time our initial free advice of 20 minutes will be extended to 30 minutes free advice for new clients. Further information will be issued in due course but please do not hesitate to contact us in the meantime.

13/07/2020

Big changes to the divorce law means that couples wishing to obtain a divorce will no longer have to assign blame. The new no fault divorce will reduce conflict between parties when it comes into force next year. For more information, please do not hesitate to contact us or visit:

New laws to spare divorcing couples having to apportion blame for the breakdown of their marriage took a step closer this week.

14/04/2020

If you or anyone you know are experiencing domestic violence during the current lockdown situation, you can find some useful information and advice here: https://www.familylawweek.co.uk/site.aspx?i=ed210020. If you require in-depth legal advice regarding applying for an injunction, please contact us on 01538 361697 or 07974 645147, or by email: [email protected]

June Venters QC of Venters Solicitors describes the resources available to assist victims of domestic abuse during the ‘stay at home’ restrictions.

01/04/2020

Contact with children during the Coronavirus pandemic - If you have contact with a child or children that do not live with you, whether by way of a court order or a voluntary agreement, guidance has been issued to help you to conduct the contact safely. Please visit: https://www.judiciary.uk/announcements/coronavirus-crisis-guidance-on-compliance-with-family-court-child-arrangement-orders/ or https://www.cafcass.gov.uk/grown-ups/parents-and-carers/covid-19-guidance-for-children-and-families/ for more information and if you have any questions or concerns, please do not hesitate to contact us. We offer a free initial telephone appointment for all new enquiries. Please visit our website: http://www.jojohnsonfamilylaw.co.uk/ or call us on 01538 361697.

Message from Sir Andrew McFarlane, President of the Family Division

17/03/2020

Here at Jo Johnson Family Law it is business as usual, despite the developing coronavirus situation. Both Emily and I work from home offices already and so the only change will be that face to face meetings will be suspended until further notice. Instead these will take place via telephone or Skype/FaceTime. Should you have any questions or concerns at all, please do not hesitate to contact us.

17/10/2019

If you or anyone you know is currently contemplating a separation or having issues regarding children, we are here to offer assistance and guidance as you begin the legal stages of such matters. Contact us for a free 20 minute initial telephone call to see if we can help.

10/04/2019

Changes to divorce law means that parties will no longer have to "blame" the other to enable a divorce to be granted. There will be one ground for divorce, irretrievable breakdown, which will be supported by a statement. There will be a minimum time frame of 6 months from the date the petition is issued to pronouncement of Decree Absolute. Joint applications for divorce will also be possible. This new law is designed to reduce the animosity between divorcing couples and the problems that can be caused when having to "blame" the other for the purposes of divorce proceedings. These changes will come into effect shortly. Contact us if you require more information.