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When a marriage or civil partnership ends, sorting out the financial aspects is just as important as finalising the divorce itself. One way to do that is through a Clean Break Order.
In this guide, we’ll explain what a Clean Break Order is, how it works, and why it could be essential for your peace of mind after divorce or dissolution.
A Clean Break Order is a legal document approved by a family court that ends the financial ties between you and your ex-spouse or civil partner after a divorce or dissolution.
Once it’s in place, neither of you can make any further financial claims against the other in the future – including claims on income, property, pensions or inheritance (in most cases). It effectively draws a line under your financial relationship, allowing you both to move on independently with no lingering financial obligations.
Charlotte Steele, Family Law Solicitor says: “Clean Break Orders can provide you with peace of mind and certainty for the future, particularly if your circumstances are expected to change.”
Many people believe that once they’re divorced, financial ties automatically end. Unfortunately, that’s not the case.
Under the law in England and Wales, without a final and binding financial order, ex-spouses can still make financial claims against each other, even many years after the divorce.
For example, there have been high-profile cases where one ex-spouse has made a claim decades after the divorce, often because the other party came into money later on, for example through inheritance, property or business success.
A Clean Break Order protects you from this. It provides financial closure and certainty for the future.
If one party needs spousal maintenance (i.e. regular payments from one party to the other) then a full Clean Break isn’t possible just yet. However, you can still get a capital Clean Break Order which deals with the other assets but keeps the maintenance arrangement in place.
Once the maintenance obligation ends, a full clean break may then be finalised.
If you have children, child maintenance is usually handled separately, either through the Child Maintenance Service (CMS) or by mutual agreement.
You’ll need to make a financial application as part of your divorce or dissolution proceedings.
If both parties agree on the financial settlement, you can apply for a Consent Order which includes the clean break clause. A Consent Order is a legal document that sets out the terms of an agreement between the parties.
The order must be agreed by both parties and approved by a judge. The court will consider whether the agreement is fair, taking into account factors like:
If the judge finds the terms fair and reasonable, they will approve the order, making it legally binding.
Yes, you can apply for a Clean Break Order after your Final Order of divorce (previously known as Decree Absolute) has been granted. However, the sooner you deal with finances, the better. Delaying it can lead to complications, especially if your circumstances change.
While the main aim is to end future financial claims, the order can also:
You don’t have to use a solicitor, but it’s strongly recommended. The process involves legal paperwork and the court must be satisfied that the agreement is fair. A solicitor can draft the order correctly and make sure you’re fully protected.
Even if you and your ex agree on everything, it’s still worth getting legal advice. Mistakes or omissions in a Clean Break Order can lead to problems later, and once it’s approved by the court, it’s very difficult to change.
A Clean Break Order is more than just a piece of paper, it’s a vital legal safeguard that protects your financial future after divorce or dissolution.
Without one, your ex-partner could make a claim years down the line. With one, you can move forward knowing that everything has been settled and there are no loose ends.
If you’re separating or already divorced, speak to a solicitor about whether a Clean Break Order is right for you. It’s a small step that can offer lasting peace of mind.
For those navigating the complexities of divorce and financial settlements, Sinclair Law Solicitors offers a free 30-minute consultation to discuss individual circumstances and provide tailored legal guidance. Offices in Wilmslow and Bramhall.
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📞 Call: 01625 526 222
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For more information visit https://www.gov.uk/money-property-when-relationship-ends/apply-for-consent-order
This content is for general information only. If you require legal advice on your specific circumstances please get in touch.