Do you need a clean break order if you have no assets?
April 23rd 2026
“We don’t own anything together, so there’s nothing to sort out financially.”
It’s one of the most common assumptions people make when going through a divorce. On the surface, it makes complete sense.
If there’s no house, no joint savings, limit pensions, and no obvious wealth of any kind, dealing with finances can feel unnecessary. Why add extra time and cost to something that appears straightforward?
The problem is that this thinking focuses only on your situation today, not on what the English divorce law allows in the future.
In England and Wales, divorce does not automatically end financial claims between spouses. That means even if there is nothing to divide now, the legal right to make a claim can remain open indefinitely.
Obtaining a clean break order from the court is more than just about dividing what you currently have; it’s about formally and permanently closing the door to financial claims on what either of you might have in the future.
Understanding a “clean break” in financial settlements
In the context of divorce or dissolution of a civil partnership in England and Wales, the term “clean break” refers to the complete and final settlement of all financial claims between the parties.
A clean break order is designed to ensure that, once approved by the court, neither person can make any further financial claims against the other in the future.
With a clean break order, all financial ties, including income, property, savings, pensions, and inheritance, are formally ended.
This means that once the order is in place, both individuals can move forward with certainty, knowing that neither party has any ongoing responsibility or entitlement to the other’s finances.
Many people choose a clean break because it provides peace of mind, security, and finality. There is no risk of unexpected claims arising later, allowing both parties to rebuild their lives independently after the legal end of their relationship.
Why is a clean break order necessary if we have no assets?
Ensuring Financial Independence
A clean break order is essential to formally end any financial ties between you and your former spouse or civil partner after a divorce or dissolution. Without this legal document, either party can potentially make financial claims against the other in the future, even years after the divorce is finalised.
Protecting Your Future Assets
By obtaining a clean break order, you protect any future assets, property, or inheritance you may acquire. This order provides peace of mind, ensuring that what you earn or receive after your divorce remains solely yours.
Providing Clarity and Closure
A clean break order gives both parties a clear, legally binding agreement. This certainty helps you move forward independently, without the risk of ongoing financial obligations or unexpected claims.
What the law actually says about finances upon divorce
Getting divorced ends the marriage, but it does not end financial claims between spouses.
Under the Matrimonial Causes Act 1973, either party can still bring a financial claim against the other after the divorce is finalised, and there is no automatic time limit on when they can do so.
A clean break order is what brings those claims to an end. It is a court-sealed order that permanently prevents either of you from making a financial claim against the other in the future.
Without one, any agreement to “walk away” is not legally binding. Financial claims remain open unless they are formally dismissed by the court.
For example, someone who divorces with no assets at 35 could go on to build a successful career or buy a property, and years later, their ex could still bring a financial claim against them.
This demonstrates the importance of a clean break order. It turns what you’ve agreed between yourselves (even if it’s walking away with what you have), into a legally binding court order that permanently ends all financial claims.
The trap to avoid - You have no assets today, but what about in the future?
This is where people get caught out. At the point of divorce, you might both be renting, carrying debt, and earning modest salaries. It genuinely feels like there’s nothing to protect. But life moves on — and so do financial circumstances.
Pensions
A workplace pension building quietly over 20 years can be worth hundreds of thousands. If not addressed at divorce, it remains claimable.
Inheritance
A parent dies and leaves you a house or lump sum. Without a clean break, your ex may have grounds to claim a share of it.
Business growth
A side project that becomes a profitable company. Your ex-spouse’s name isn’t on it — but an open financial claim still might be.
Career progression
A junior employee at 28 could be earning a senior salary by 40. That increased earning capacity can be factored into a claim.
None of these feel relevant when you’re going through a difficult divorce and just want it to be over. But they’re exactly the situations that come back to haunt people years down the line.
What is the cost of a clean break order if we have no assets?
A solicitor-drafted financial clean break order typically costs between £200 and £700 for an uncomplicated situation where both parties are in agreement, and there are no assets to divide.
The court fee for submitting an agreed financial order is £60. The court will still review the order to confirm it’s broadly fair before sealing it, but for simple cases with no disputed assets, this is a realistic option.
You can obtain a clean break order either as part of the divorce process or separately afterwards. If you’ve already got your Final Order and haven’t dealt with your finances, you can still apply, though doing it as early as possible is always advisable.
Why “we have nothing to divide” is the wrong question…
When someone says, “We do not own anything together, so we do not need a clean break financial order,” they are usually thinking only about the present.
The law, however, allows financial claims to remain alive beyond the divorce unless they are dismissed by a court order.
So, the real issue is not whether there is anything to ‘divide’ today, but whether you are comfortable leaving the possibility of future claims unresolved?
For most people, that is where the logic starts to change.
When a couple divorces in their twenties or thirties, they may genuinely have very little. They may be renting, carrying debt, using overdrafts, and earning modest salaries. At that stage, the absence of assets feels like a reason to avoid further legal work. In reality, it is often the strongest reason to get the clean break sorted while everything is still simple.
The fact that there is not much to divide now usually means the order can be relatively straightforward.
It does not mean the order has no purpose. In fact, the purpose of a clean break order is clearest in exactly these situations, because it serves as protection against what has not yet happened.
Why instruct a solicitor for a clean break?
A clean break order is a legally binding document that ends any financial ties between divorcing partners, giving both parties a fresh start. While it may be tempting to handle matters alone, working with a solicitor ensures that your rights and interests are fully protected throughout the process.
Divorce solicitors are experienced in the complexities of family law and can offer clear, tailored advice on whether a clean break order is suitable for your situation. They help you understand the financial implications and ensure nothing is overlooked, reducing the risk of future disputes.
A clean break order solicitor will draft the clean break or financial consent order to reflect your unique agreement. They will also usually handle all paperwork and liaise with the court on your behalf, ensuring every step is completed correctly and efficiently.
Without a formal clean break order, each party remains financially tied, which can lead to potential claims in the future. Your solicitor will ensure the order is correctly drafted and sealed by the court, protecting your long-term financial independence.
How to formalise a clean break divorce
In straightforward cases where you both agree there are no assets and just want to end future claims, the process is mostly administrative:
- Professionally draft the order
- Send it to the court
- Wait for approval
The court still has to approve the order, but in a straightforward no-assets case, this is usually just a formality to confirm that both parties’ financial claims are being ended, and it’s fair to do so.
Many people avoid obtaining a clean break because they think it will be complicated or costly, when in reality, it’s usually neither.
A fixed-fee clean break order for £159 is a relatively small cost to ensure “nothing to divide” also means “nothing to argue about later.”
Maintenance and clean break orders
Maintenance, also known as spousal or partner maintenance, refers to financial support paid by one spouse or civil partner to the other after separation or divorce. It is designed to help the financially weaker party manage their living expenses and maintain a reasonable standard of living.
How Does a Clean Break Order Affect Maintenance?
A clean break order aims to end the financial ties between former partners as soon as legally possible. This means that, in most cases, neither party can claim maintenance against the other in the future. The intention is to enable both individuals to achieve financial independence.
When Might Maintenance Still Be Relevant?
In some situations, ongoing maintenance may be necessary, especially if one party cannot immediately support themselves due to childcare responsibilities, illness, or a significant income disparity. The court can order maintenance for a set period, after which a clean break will usually apply.
Because maintenance arrangements can significantly impact your future finances, it is important to seek independent legal advice. A specialist clean break order solicitor can advise whether a clean break order is suitable for your circumstances, or if ongoing maintenance should be considered.
Summary and what to do next
The question isn’t really whether you have assets right now. The question is whether you can be certain that neither of you will ever acquire any. For almost everyone, the honest answer is no, and that uncertainty is precisely what the clean break order resolves.
Spending a few hundred pounds now to permanently close financial claims between you and your ex is one of the clearest value-for-money decisions in family law. It is insurance against a future you can’t predict — and unlike most insurance, the thing it protects against is entirely preventable.
Call our friendly team today on 01793 384029 to learn more about how our nationwide clean break order solicitors can help you secure a clean break order for a one-off fixed fee. You can also use our LiveChat for quick and reliable answers.
This post was written by Mark Keenan. Managing Director of Online Legal Services Ltd. Mark has been writing about divorce and related subjects for over 20+ years and is an expert in legal marketing.