A clean break order is a type of court order in family law which is intended to divide the financial assets of a couple after they have been legally separated or divorced. The clean break order outlines how assets such as property and any financial support should be split up between both parties.
It is typically granted with the intention of providing finality to the financial issues of a marriage and avoiding any future arguments, disputes or claims of either party against the other. This allows both parties to move forward with their lives in an orderly manner.
When establishing a clean break order, the court considers various factors, including each parties’ income, any expectation of inheritance, pension rights, relative needs and liabilities. Finally, the court assesses what would be the fairest outcome for both parties in order to establish the clean break order.
Why do you need a clean break?
A clean break is necessary to ensure that both parties have a clear and final agreement in place. It ensures that all assets and entitlements have been divided and that both parties have agreed to the settlement and will not go back on their decision.
A clean break not only allows both parties to emotionally detach and move on with their lives without fear of future obligations, but it also provides legal certainty, allowing both parties to confidently close their relationship without fear of future repercussions.
Furthermore, a clean break can prevent the potential for future legal disputes and disagreements over unresolved matters relating to the relationship, which can be costly and time consuming. By having a clean break both parties can move on with their lives and begin building independent lives, financially and emotionally.
Why is a clean break better than a fracture?
A clean break is when a bone fractures into two or more clean pieces. In contrast, a fracture is when a bone is cracked or shattered into many pieces. A clean break is generally preferable over a fracture because it is easier to repair.
A clean break usually requires only a simple repositioning and fixation of the bone fragments, which is usually accomplished with surgery and/or casting. In comparison, a fracture can vary greatly in complexity, depending on the size and number of pieces, and can require much more complicated treatments, such as bone grafting and internal stabilization.
Additionally, a clean break is typically associated with less bone loss when compared to a fracture, meaning less bone has to be reconstructed and replaced. Finally, in some cases, a clean break can allow a bone to heal faster than a fracture due to a better fit of the bone fragments, while fractures can further damage the bone because of the uneven pressure being placed on it.
How long does a clean break take to heal?
The timeframe for healing a clean break depends on several factors including the severity of the break, the general health of the patient, and the type of healing process used. Generally, the healing process for an uncomplicated break can take between four to eight weeks depending on the bone and the amount of force that caused the break.
Fractures that require surgery can take up to several months to heal and might require a longer recovery period of several months. Healing from a broken bone can be a painful and slow process, during which time the patient can experience pain, stiffness, and limited mobility.
In order to encourage the healing of a broken bone, patients are typically advised to remain active and make use of physical therapy exercises, as well as following the advice of their healthcare provider.
A doctor may also recommend medications to reduce pain and swelling during the healing process.
What does clean break mean for broken bones?
A ‘clean break’ when referring to a broken bone is when the fracture line of the bone is nice, clean, and sharp with the pieces of bone staying in the proper anatomical position. This is often referred to as a ‘greenstick fracture’.
A clean break is a good type of fracture to have as it’s typically much easier to set, fix, and heal. This is due to the bone pieces still being in the correct anatomical position, allowing them to be held together and held in the proper place with a cast or other external support device.
Additionally, the edges and break lines will be nice and smooth, helping to prevent the bone from shifting out of place as it heals. On the other hand, a ‘dirty break’, often referred to as a ‘comminuted fracture’, is quite the opposite.
This type of fracture will have a jagged, uneven break with the pieces of bone being out of the proper anatomical position. This type of fracture will generally take longer to heal due to the pieces being out of place, therefore requiring more treatment and support to hold the pieces together in order to heal them properly.
What are the 3 types of breaks?
There are three main types of breaks that are recognized in a workplace, the first being a Personal Break, which allows an employee to take time off from work to take care of personal matters such as attending to medical appointments or personal errands.
This type of break is usually unpaid and is solely for an employee’s benefit and convenience.
The second type of break is a Coffee Break, or Rest Break, which is typically a short amount of time, usually 10-15 minutes, that employees are allowed to take during their normal workday for their own convenience.
It is usually unpaid and is not considered part of the total daily working hours.
Finally, the third type of break is a Meal Break, which is usually taken during a longer period of time, typically 30 minutes or more. Meal breaks are often paid and are part of the total hours of work that day.
This break allows employees to take a longer break to eat and rest, and will vary depending on the industry as well as local labor laws.
Can a clean break be overturned?
Yes, it is possible for a clean break to be overturned. This can happen if a party to the original settlement agreement believes that their interests have not been adequately taken into consideration.
Examples include, but are not limited to, a party wanting a greater financial settlement than was originally granted.
In such a case, the party would need to go to court and apply to have the clean break overturned. If a court agrees that there is sufficient grounds, they may overturn the clean break. This could involve changing the original financial settlement to one that is deemed fair or, in some cases, the court may decide to overturn the clean break entirely, in which case the parties may need to start their negotiations from the beginning.
However, before going to court, the party may want to discuss options with an experienced family law attorney. They may be able to provide advice on the chances of success, and recommend alternative ways of resolving the dispute without appearing before a judge.