Clean Break Orders – How To Apply, Pros & Cons + FAQs

What Is a Clean Break Order?

A Clean Break Order is a legally binding financial order made by the court after divorce or civil partnership dissolution. It permanently severs all financial ties between ex-spouses, preventing either party from making future claims on income, capital, property, pensions, or inheritance. This includes windfalls such as lottery wins or future business success.

The order provides long-term financial security and independence, ensuring that once the marriage ends, so do the financial responsibilities, apart from any ongoing child maintenance, which remains a separate obligation. It can take effect immediately or be deferred (for example, until the sale of a home or conclusion of spousal maintenance), depending on the circumstances.

While a clean break is often the court’s preferred outcome, it isn’t appropriate in every case, particularly where ongoing financial support such as spousal maintenance is required. The process can be complex and involves additional legal costs, but it is strongly recommended for anyone looking to protect future assets and achieve financial finality.

Once granted, a Clean Break Order cannot normally be changed, so it is essential to seek legal advice before applying.

The Key Aspects of a Clean Break Order

• Purpose: The main purpose of a financial clean break is to give both parties to the divorce lasting financial independence by ending all legal and financial connections.
• Not Automatic: The Final Order (formerly decree absolute) ends the marriage, but it does not end the financial ties or responsibilities. A separate financial order is required.
• Child Maintenance: It does not end the obligation to pay child maintenance. This is handled separately by the Child Maintenance Service (CMS) or when parents agree on a child maintenance arrangement.
• Protection of future assets: Assets, income, or inheritance acquired after divorce are legally protected. An ex-spouse cannot make a financial claim on these after the order is approved.

Without a clean break, your former spouse could try to claim a share of a business you start in five years, or part of an inheritance left to you in a will. A clean break ensures your divorce settlement is legally protected.

“Lara Davies, Head of Family Law” says ‘obtaining a clean break financial order is a small investment in time and money now to have that peace of mind for your future.  If parties agree, the order is made and implemented in a relatively straightforward process, and normally does not involve you having to go to court. Speak to specialist divorce solicitors before moving forward, as each case depends on your individual circumstances.’

Things to Consider With a Clean Break Financial Order

Before applying, be aware of the following:

• Finality: Once a clean break court order is made, it is legally binding and cannot usually be changed. Even if your ex wins the lottery, you can’t return to court.
• Fairness: The family law court has a duty to consider whether a clean break is fair based on the financial records, circumstances and needs of each person.
• Debt Liability: The order can protect you from joint liabilities, including credit card debt, loans, and other debts your former spouse may incur.
• Professional Legal Advice: Always seek professional legal advice. Only a correctly drafted and enforceable order protects your rights.
• Responsibility for Children: A clean break does not remove financial obligations to children. An absent parent may still need to pay maintenance until the child finishes full-time education.
• Housing Needs: A clean break may not be appropriate if one person, such as the primary carer of children, needs ongoing support or secure housing.

Types of Clean Break Orders

Immediate Clean Break

• When: Finances are settled, and both parties are independent.
• Example: A couple is divorcing after a short marriage, has no children, and has already sold their home. They are both working full-time. The clean break ensures their complete financial separation.

It’s not always possible to achieve a clean break in divorce. In some cases, ongoing financial support through maintenance payments may be required for the financially weaker party, for example.

Deferred Clean Break

• When: Short-term support is needed before the clean break.
• Example: A primary carer of children may receive 12 months of maintenance payments to enable the primary carer to retrain or find work. After that period, the financial ties are severed with a deferred clean break.

If one person relies on the other financially, for example, a parent who stayed home to raise children, a clean break might not be fair, and an order would likely be refused.

The court may require ongoing maintenance or a deferred break after a lump sum is paid, enabling the primary carer to remain in the family home. In complex cases, experienced solicitors can guide you through the process and recommend a fair and workable solution.

How to Get a Clean Break Order Online

You can now apply online without visiting court or spending thousands on legal fees. Once submitted, most clean break orders are reviewed and approved by the court within 6 to 10 weeks, depending on the case’s complexity and the court’s processing times.

Here’s how to get a clean break order:

1. Reach an agreement with your ex on finances, including the division of assets, pensions, and any lump sums.
2. A solicitor drafts your financial consent order with a clean break clause.
3. You both sign the document.
4. Submit it to the court with your financial statement (Form D81) and the £60 fee.
5. A judge reviews and approves it if it’s fair and reasonable.

At Divorce-Online, our clean break settlements service is just £399 and includes everything you need for a secure, court-approved outcome without ongoing financial ties.

Advantages and Disadvantages of a Clean Break Order

Is a Clean Break Order the Same as a Financial Order?

No, they are not the same thing, but they are closely linked and often used together by separating couples.

Financial Order

A financial order (often called a consent order) is a court-approved document that outlines how the couple’s money, assets, and debts will be divided after divorce. A financial consent order may include:

• Pension sharing
• Property transfer or sale
• Spousal maintenance
• Lump sum payments
• Ongoing arrangements, e.g. a delayed division of assets

Clean Break Order

A clean break order is a specific provision within a financial order that removes future rights to claim. It’s the only way to sever financial obligations permanently.

Example: A couple sells their jointly owned house for £220,000 and splits the equity 50/50. They agree to no future financial claims. The clean break clause confirms this, and once sealed by the court, it’s final, including protections against any future claims on bonuses, property purchases, inheritance, or even claims against your estate upon death.