Clean Break Orders - How To Apply, The Benefits + FAQs
When couples divorce, many overlook the consequences of leaving their financial ties unresolved.
Although divorce legally ends the marriage, it does not automatically break the financial connections established during the relationship. Without a formal court-approved document, either former spouse can still make a financial claim years later, against an inheritance, job promotion, or windfall.
This article explains how to fully sever financial ties post-divorce and how Divorce-Online can help you for only £399.
What is a Clean Break Order?
A clean break order is a type of financial order that legally ends all financial ties between divorcing or separating spouses. It ensures that neither person can make future financial claims on income, savings, property, pensions, business assets, or inheritance.
Once approved by the family court, the order is legally binding and brings financial finality to the divorce settlement.
This type of order ensures there can be no provision within a financial agreement for spousal maintenance, meaning one person cannot seek ongoing maintenance or claim a share of the capital assets at a later date. It also prevents either person from contesting the estate upon death of the other.
The order is made and implemented during divorce or dissolution proceedings and forms part of your final order. Once granted, the financial ties are severed, giving both people the freedom to move on with their lives.
Achieving a complete financial clean break is the most effective way to finalise the division of assets and end ongoing financial responsibilities.
- A clean break settlement can be drafted and prepared before a divorce, but it can only be formally submitted to the court once the divorce reaches the conditional order stage.
- Financial orders are separate from divorce proceedings and are an additional cost. Our clean break order for £399 is typically 1/3 the cost of high-street solicitors.
- Seek professional guidance: Working with an experienced family law solicitor is crucial to ensure the clean break agreement is the right option for you.
- How long does a clean break order take to process? A clean break order typically takes 5–8 weeks to process from the time the application is submitted to the court.
Is a Clean Break Order the same as a Financial Order?
If you’re going through a divorce for the first time, it’s normal to feel confused about what kind of financial agreement you need. You may have heard terms like “financial order” or “clean break” without knowing what they mean or which one applies to you.
Here’s a clear breakdown to help you understand the difference and why it matters.
Financial Order
A financial order (also known as a consent order) is a court-approved document that formalises your financial agreement after divorce. It sets out exactly how your money, assets, pensions, savings, and debts will be divided. A typical financial order may can include:
- A sale or transfer of the family home
- Division of pensions and savings
- Ongoing spousal maintenance (regular payments)
- Lump sum payments
- Responsibility for any shared debts
Financial orders are essential when there are shared assets that need dividing, such as equity from a house sale, pensions to be split, or when one person will continue to support the other financially.
This may include monthly spousal maintenance payments or a lump sum to settle future obligations. Without a financial order, even if you’ve agreed things informally, your ex could make a claim in future.
A Clean Break Order
A clean break financial order is a type of financial order that ends all future financial claims between former spouses. Once approved by the court, neither party can:
- Claim a share of income or assets acquired after divorce
- Ask for spousal maintenance
- Reopen the financial settlement later
- Seek more if the other person’s income or financial situation improves
This option is suitable when both people are financially independent and no longer need support from one another. For example, if both partners earn similar incomes, have no ongoing financial obligations, and have agreed on how to divide assets, a clean break divorce may be suitable.
A clean break allows both parties to move on with their lives, knowing their financial responsibilities are settled. It is not granted automatically after divorce, and the court will assess whether the settlement is fair and whether each person can reasonably support themselves going forward.
This kind of agreement is particularly useful for couples with no children, minimal joint assets, or those divorcing after a short marriage. It offers certainty and prevents either party from making claims on pensions, property, or inheritance in the future.
Read more: Clean Break Order vs Financial Consent Order
Clean Break FAQs…
How much does a clean break order cost?
The cost of a clean break order typically ranges from £400 to £1,500, depending on how complex your finances are and whether you use a solicitor. There’s also a mandatory £60 court fee to have the order approved by a Judge at the family court.
You can get a clean break order online for £399 with Divorce-Online, the UK’s #1 provider of online legal services. Clients typically save over £1,000 compared to quotes received from local solicitor firms.
Do you always need a solicitor to make a financial clean break?
While it’s possible to draft your own clean break financial order, getting expert legal advice is strongly recommended. A solicitor helps you ensure the clean break is valid, the financial records are accurately disclosed, and that the agreement is enforceable by the court.
If either party tries to make a financial claim in future, an approved clean break order prevents this. Without legal guidance, there’s a risk the court may reject the order, especially if it lacks the specific legal language required.
Many people come to us after using a clean break order template found on Google, which they later find to be unsatisfactory for their needs. Something as important as legally ending financial ties after divorce should not be done ‘on the cheap’ via templates.
Especially when our online clean break consent order service costs just £399 and involves an SRA-regulated solicitor drafting your order.
What are the disadvantages of a clean break order?
The main disadvantage is that once the order is made and implemented, it’s final. You can’t go back and request support later, even if your circumstances change or your ex-spouse becomes significantly wealthier.
For this reason, the court carefully considers the individual circumstances of both parties before approving a clean break.
Read more about the advantages and disadvantages of a clean break divorce.
Do both parties need to agree?
Yes, both parties must agree to a clean break order. If you cannot agree between you then you may need to attend mediation or ask the courts to resolve the matter.
Can you buy out a maintenance claim?
Yes, in some cases, spousal maintenance can be ‘bought out’ by capitalising the payments. This means one person makes a single lump sum payment instead of paying monthly maintenance over time.
The court will consider this option if it’s fair and practical for both sides. It can be included as part of a clean break order, allowing the couple to achieve a full financial separation with no ongoing financial ties.
However, this only applies to spousal maintenance, not child maintenance, which must be dealt with separately.
When Is a Clean Break Divorce Not Suitable?
While a financial clean break is ideal for many couples, it’s not the right choice in every situation. If one person is financially dependent on the other — for example, where one parent gave up work to care for children — the court may decide ongoing support is necessary.
In some cases, a lump sum may be agreed to enable the primary carer of children to remain in the family home or secure suitable housing. This provides much-needed financial security and stability, particularly when young children are involved.
A clean break may still be possible in these situations, but it often requires careful negotiation and expert legal advice to ensure that the needs of the carer of children are met. This is where experienced divorce solicitors can guide you through the process.
Every case is different, and it’s important that a divorcing couple considers whether a clean break is fair and realistic for their circumstances. When done correctly, a clean break ensures financial ties are severed, allowing both people to move on with confidence.
Obtaining a Clean Break Order – Step by Step
To obtain a clean break order, here’s how the process works:
- Reach a financial agreement with your ex-spouse: You and your ex must agree on how to divide assets, savings, pensions, debts, and any ongoing responsibilities (excluding child maintenance, which is handled separately).
- Draft the financial order with a clean break clause: The agreement is written into a formal financial consent order, which must include a clean break clause if you want to fully end financial ties.
- Have the order reviewed by a legal professional: A legal review ensures the wording is correct and meets family court requirements. This is vital to ensure your application is enforceable.
- Both parties sign the order: Each person must sign the document to confirm they agree to the terms. This should be done after receiving legal advice.
- Submit the order to court with supporting documents: Send your signed financial order, the D81 financial statement (which outlines each person’s financial position), and the £60 court fee to the court.
- The court reviews and approves the order: A judge will assess whether the agreement is fair and reasonable. If approved, it becomes legally binding, and your financial ties are severed.
Get a clean break order online from expert divorce solicitors
We make the process simple, fast, and affordable. Our team of family law experts will handle everything for you for just £399.
No hidden costs. No stress. Just a clear, court-approved clean break so you can move forward with confidence.
We’ve helped over 50,000 couples in England and Wales obtain a clean break order online without spending thousands on legal fees.
Clean Break Order Service for £399
You don’t need to spend thousands of pounds hiring local solicitors if you have agreed to obtain a clean break order following your divorce. We provide an affordable fixed-fee service to secure your finances without breaking the bank on solicitors’ fees!