Clean Break Orders In Divorce Explained

When is a clean break order appropriate?

A clean break order is appropriate where divorcing spouses or civil partners can achieve a full and final financial settlement at the time of divorce.

Our solicitors typically recommend a clean break where both parties have sufficient income or capital to support themselves independently and do not require ongoing financial support.

A clean break order is commonly suitable where:

• All matrimonial assets can be divided upfront, such as property, savings, and investments
• Pension arrangements are resolved at the point of divorce, either through pension sharing or offsetting
• Neither spouse requires spousal maintenance, either now or in the future
• Both parties have sufficient income or capital to meet their own needs independently

In these circumstances, a clean break order provides certainty after divorce by formally ending all financial obligations between former spouses, with no ongoing dependency after the marriage has legally ended.

When is a clean break order not suitable?

A clean break financial order is not suitable where one spouse requires continuing financial support following divorce. In these cases, removing the right to make future financial claims can expose one party to significant financial risk.

A clean break order may not be appropriate where:

• One spouse relies on spousal maintenance to meet day-to-day living costs
• There is a substantial imbalance in income or earning capacity that cannot be resolved through an upfront asset split
• Pension provision cannot be fairly equalised at the time of divorce, particularly where retirement is approaching
• Health issues, caring responsibilities, or age limit one party’s ability to achieve financial independence

In these situations, our solicitors often advise clients to obtain a financial consent order that allows for ongoing financial provision, while still providing a court-approved document with legal protection.

The key risks of not having a clean break order

• Risk of future financial claims: Either spouse can apply to the Family Court for further financial provision after divorce if no clean break financial order is in place.
• Risk to future wealth and windfalls: Assets acquired after divorce, including inheritances, business success, or other unexpected capital, can still be taken into account in a later financial claim.
• Risk to pensions and retirement provision: Pension rights and post-divorce pension growth are not automatically protected without a clean break order formally ending pension claims.
• Risk to property and capital acquired later: Property purchased, savings accumulated, or capital built up after divorce may remain exposed to claims unless financial matters are legally finalised.
• Risk created by relying on informal agreements: Financial agreements reached privately between spouses have no legal effect and do not prevent a future court application.

How much does a clean break order cost?

The cost of a clean break order typically ranges from £500, including VAT for a basic clean break order, to £1,500 or more for couples with more complex finances. There is also a mandatory £60 court fee to have the order approved by a Judge at the family court.

Our sister law firm, OLS Solicitors, has a team of specialist divorce financial settlement solicitors available to help you secure a fair, legally binding clean break divorce settlement for a fixed fee of £499.

Clients often tell us they save over £1,000 compared to quotes received from local solicitor firms.

How does a Clean Break Financial Order protect me after divorce?

• Prevents future claims on income, assets, pensions, and capital acquired after divorce.
• Protects against later claims following inheritance, business success, property purchases, or windfalls.
• Creates certainty and finality so both parties can move on without overhanging worries of future claims.
• Makes financial arrangements legally enforceable, unlike informal or verbal agreements.
• Removes long-term financial risk that many people only discover years after divorce.

When and how to apply for a Clean Break Order?

A clean break order is not automatic after divorce and must be applied for through a financial consent order approved by the court. The application is usually made after the Conditional Order and before the Final Order, once financial arrangements have been mutually agreed.

Once submitted, and provided the judge has no concerns about fairness, a clean break order is typically approved within 3 to 6 weeks. In many cases, it is approved at the same time as the Final Order, giving both parties clarity, certainty, and financial independence.

An immediate clean break divorce is not always appropriate. The court may defer a clean break until a defined future event, such as a child reaching adulthood. In these cases, the draft financial consent order may include spousal maintenance for a fixed period, with the clean break taking effect once that obligation ends.

What does the court consider before approving a Clean Break Order?

• Whether both parties have provided full and honest financial disclosure.
• Whether the proposed financial settlement is fair in all the circumstances.
• Whether ongoing spousal maintenance is required instead of an immediate clean break.
• The income, earning capacity, pensions, health, and future financial needs of both parties.

Poorly drafted or unsupported financial orders, or reliance on a generic clean break order template, are a common reason applications are delayed or rejected by the court.

On paper, a financial settlement can appear unfair to one party. Without a properly drafted supporting statement explaining the reasoning, the court may refuse to approve the order.

This is why using specialist clean break order solicitors is imperative. Court orders prepared by family law solicitors present the agreement clearly and significantly reduce the risk of rejection or delay.

What are the advantages and disadvantages of a Clean Break Order?