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Many people assume that once their divorce is finalised, all financial ties between them and their former spouse automatically come to an end.
However, the divorce itself legally ends the marriage. It does not necessarily create a legally binding agreement about property, savings, pensions, maintenance, or future financial claims.
A clean break order is designed to bring financial claims between former spouses to an end, allowing both parties to move forward independently.
At southgate solicitors, our family law solicitors help clients negotiate financial settlements and obtain legally binding court orders following divorce.
What Is a Clean Break Order?
A clean break order is a type of financial order that dismisses future financial claims between former spouses.
Depending on the wording and circumstances, it may prevent either person from making future claims for:
The aim is to achieve financial independence and prevent further financial disputes between the parties.
The court is required to consider whether it is appropriate to end financial obligations between former spouses as soon as reasonably possible.
Why Is a Clean Break Order Important?
Without a court-approved financial order, an informal agreement between former spouses may not be legally enforceable.
For example, a couple may agree that each person will keep their own savings and property. However, unless that agreement is approved by the court, it may not provide complete protection if a dispute arises later.
Government guidance confirms that a financial agreement must be included in a Consent Order and approved by the court to become legally binding.
A clean break order can provide certainty by recording that neither party can bring further financial claims against the other, subject to the precise terms of the order.
Does Divorce Automatically Create a Financial Clean Break?
No.
Receiving the Final Order legally ends the marriage, but it does not automatically divide financial assets or dismiss financial claims.
If you want a legally binding arrangement concerning money and property, a separate application for a financial order is required. Government guidance recommends dealing with financial arrangements before applying for the Final Order, particularly where pensions are involved.
This means someone can be legally divorced while financial matters remain unresolved.
Do You Need a Clean Break Order if You Have No Assets?
It may still be advisable.
Some couples believe that a financial order is unnecessary because they currently have no property, savings, pensions, or significant income.
However, financial circumstances may change in the future. One person could:
A clean break order can provide clarity about whether future financial claims have been dismissed.
The court will still need to consider whether the proposed arrangement is fair and whether both parties can support themselves. The official Consent Order information form specifically requires an explanation of how each person will meet their needs where maintenance claims are being dismissed through a clean break.
Is a Clean Break Order the Same as a Consent Order?
Not exactly.
A Consent Order records the financial agreement reached between the parties and makes it legally binding once approved by the court.
The order may deal with:
A clean break can therefore form part of a wider Consent Order.
For example, the order may require a property to be sold and the proceeds divided. Once those arrangements have been completed, all further financial claims may be dismissed.
Can You Have an Immediate Clean Break?
Yes.
An immediate clean break may be possible where both parties can support themselves without ongoing spousal maintenance.
This is more likely where:
Government guidance explains that judges will usually try to arrange a clean break where appropriate so that former spouses no longer have continuing financial ties.
What Is a Deferred Clean Break?
A clean break does not always have to take effect immediately.
One spouse may require maintenance for a limited period, particularly where they need time to:
In these circumstances, the court may order maintenance for a fixed term. Financial claims may then be dismissed at the end of that period.
This is sometimes described as a deferred clean break.
The court may also consider whether the maintenance period should be extendable or whether it should end permanently on a fixed date.
Does a Clean Break End Child Maintenance?
Not necessarily.
A clean break generally concerns financial claims between former spouses. It does not remove either parent’s responsibility to contribute towards the financial needs of their children.
Child maintenance may be agreed privately, included in certain court arrangements, or calculated through the Child Maintenance Service.
The needs of children, particularly their housing and day-to-day expenses, remain an important consideration when financial arrangements are made following divorce.
Can a Clean Break Order Be Changed Later?
A true clean break is intended to provide finality.
Once future financial claims have been dismissed, it is generally difficult to reopen them simply because one person later regrets the agreement or their circumstances change.
However, an order may potentially be challenged in limited circumstances, such as:
This is why both parties must provide complete and honest financial disclosure before the order is approved.
How Do You Obtain a Clean Break Order?
If both parties agree on the financial arrangements, a solicitor can prepare a draft Consent Order containing suitable clean break provisions.
The parties will normally provide the court with information about their finances so that a judge can decide whether the proposed settlement is fair. The court can approve, question, or refuse the proposed order.
If an agreement cannot be reached, either party may apply for a financial order and ask the court to decide how the finances should be divided.
Why Legal Advice Is Important
The wording of a clean break order is important.
A poorly drafted order may fail to dismiss all intended claims, create uncertainty about property or pensions, or leave one party without sufficient financial protection.
Legal advice can help you:
At southgate solicitors, we advise clients across England and Wales on clean break orders, Consent Orders, divorce settlements, property, pensions, maintenance, and wider family law matters.
For more information or advice on family law matters, readers are encouraged to contact the legal team at southgate solicitors at 02080040065 or hello@southgate.co.uk. It’s important to note that the content of this article is general information and not legal advice, and readers should seek independent expert advice for their specific situations. Our experienced team at southgate solicitors is here to provide expert guidance and support.
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