When going through divorce or separation, resolving your finances properly is just as important as ending the relationship itself. Many people focus on obtaining a divorce but overlook the long-term financial implications of not finalising matters properly.

A clean break order is designed to bring financial matters to a complete and permanent end. It ensures that neither party can make future financial claims, providing certainty and allowing both individuals to move forward independently.

At Expert Family Law, we connect you with experienced solicitors who can help you achieve a clean break, ensuring your financial settlement is fair, legally binding, and protects your financial future.

What is a Clean Break Order?

A clean break order is a type of financial order made by the court that formally ends all financial obligations between separating parties. It is most commonly used within divorce or the dissolution of a civil partnership, but it can also arise in other family law situations.

In simple terms, it ensures that once the order is approved:

• Neither party can make a claim against the other’s finances in the future
• There is no ongoing entitlement to spousal maintenance
• Both individuals are treated as financially independent

However, while the concept is straightforward, the legal effect is significant. A clean break order does not just reflect your current agreement; it permanently closes the door on any financial relationship between you and your former partner.

Why is a Clean Break Order So Important?

One of the most common misunderstandings in divorce proceedings is the belief that the divorce itself ends financial ties. In reality, this is not the case.

Even after a final order is granted:

• Financial claims can remain open indefinitely
• Either party may bring a maintenance claim
• Future income, property, or assets may still be subject to claims

For example, if you go on to build a successful business, receive an inheritance, or even experience a lottery win, your former partner could potentially apply to the court for a share, unless a clean break order is in place.

This is why a clean break order is not just a formality; it is a critical step in protecting your long-term financial position.

How Does a Clean Break Order Fit Into the Divorce Process?

A clean break order forms part of the wider financial remedy process, which deals with how finances are resolved following separation.

The typical process involves:

• Negotiating a financial settlement
• Recording the agreement in a consent order
• Submitting the order to the court
• Obtaining judicial approval

You can usually apply to the court for approval once the divorce reaches the stage of a conditional order (previously known as decree nisi). The financial order will then take effect alongside or shortly after the final order.

Timing is important, as financial matters should ideally be resolved before the divorce is fully concluded.

What is Included in a Clean Break Order?

The content of a clean break order will vary depending on the circumstances of the case, but it will typically deal with all financial matters between the parties.

This may include:

• Division of assets such as property, savings, and investments
• Allocation of pensions and retirement benefits
• Payment of a lump sum to one party
• Confirmation that no ongoing maintenance is payable
• A clear statement preventing all future financial claims

The terms of the order must be carefully drafted to ensure there is no ambiguity. If an issue is not properly addressed, it may leave the door open to disputes in the future.

What is the Difference Between a Consent Order and a Clean Break Order?

A consent order is the overall legal document that sets out the financial agreement between the parties.

A clean break is a specific provision within that document. It is the clause that ensures:

• Financial ties are completely severed
• No future claims can be made
• There is no continuing financial dependency

In most cases, a clean break order forms part of a consent order that finalises the entire financial settlement.

What Happens If You Do Not Get a Clean Break Order?

Failing to obtain a clean break order can have serious and long-lasting consequences.

Without it:

• Your former partner may make a maintenance claim in the future
• Financial claims may remain open for many years
• Assets acquired after separation may still be at risk

There have been well-known cases where claims have been brought decades after divorce, simply because financial matters were never formally resolved.

This highlights the importance of ensuring that all financial ties are properly dealt with at the time of separation.

When is a Clean Break Not Appropriate?

While many people aim to achieve a clean break, it is not always the right solution.

There are situations where ongoing financial support may be necessary, such as:

• Where one party has significantly lower income
• Where there has been a long marriage with financial dependency
• Where one party has limited earning capacity
• Where there are health issues or a maintenance claim is justified

In these cases, the court may decide that ongoing maintenance is more appropriate than a complete financial separation.

How Does the Court Decide If a Clean Break is Fair?

When you apply to the court, a judge will review the proposed agreement to ensure it is fair and reasonable.

The court will consider:

• The financial needs and resources of both parties
• Their income and earning capacity
• The standard of living during the relationship
• The length of the marriage
• The needs of any children

The aim is to ensure that both parties can meet their financial needs in the future.

If the court believes the agreement is unfair, it may refuse to approve the order.

What is the Cost of a Clean Break Order?

The clean break order cost will depend on the complexity of your case and the level of legal support required.

Typical costs include:

• Solicitor fees for drafting the order
• The court application fee

While it may be possible to reduce costs by preparing the order yourself, mistakes in a legal document can be costly in the long term. Seeking professional legal advice can help ensure the agreement is properly structured and legally sound.

Can a Clean Break Order Be Refused?

Yes, the court can refuse to approve a clean break order if it believes the agreement is not fair or does not adequately address the needs of one or both parties.

Common reasons for refusal include:

• Incomplete financial disclosure
• An imbalance in the agreement
• Failure to consider future needs

If an order is refused, it will need to be revised and resubmitted.

How Can Expert Family Law Help?

At Expert Family Law, we understand that financial matters are often the most complex and stressful part of separation.

We connect you with experienced solicitors who can:

• Help you achieve a clean break
• Advise on your financial settlement
• Draft a legally binding financial order
• Guide you through the financial remedy process

Our network provides clear, practical legal advice, ensuring you can move forward with confidence.

FAQs About Clean Break Orders

What is a clean break order in divorce?

A clean break order is a legally binding financial order that completely ends all financial ties between former partners following divorce. It prevents either party from making claims against the other in the future, including claims relating to income, property, pensions, or other assets. This provides certainty and ensures that both individuals can move forward independently without ongoing financial obligations.

Do I need a clean break order if we have no assets?

Yes, even if you have no significant assets at the time of divorce, a clean break order is still important. Without one, financial claims remain open, meaning your former partner could potentially make a claim in the future if your financial circumstances change. This could include situations where you acquire property, receive an inheritance, or increase your income.

Can my ex claim money years after divorce?

Yes, if there is no clean break order in place, your former partner may be able to bring a financial claim years, even decades, after divorce. This is because financial ties are not automatically severed by the divorce itself. A clean break order is the only way to prevent this risk and ensure that future claims cannot be made.

Does a clean break order include child maintenance?

A clean break order generally does not prevent claims for child maintenance. This is because child maintenance is typically dealt with separately through the child maintenance service, which operates independently of the court’s financial orders. However, the order may still include arrangements relating to children as part of the overall agreement.

How long does a clean break order take?

The timeframe for obtaining a clean break order can vary depending on the complexity of the case and court processing times. Once the agreement has been reached and submitted to the court, it typically takes several weeks for approval. Delays may occur if the court requires further information or has concerns about the fairness of the agreement.

Can a clean break order be changed later?

In most cases, a clean break order is final and cannot be changed once approved. This is because its purpose is to bring financial matters to a permanent conclusion. However, certain elements, such as ongoing maintenance arrangements, may be varied in limited circumstances if they form part of a broader financial order rather than a full clean break.