When couples separate or divorce, one of the most important—and often overlooked—steps are legally finalising the financial relationship. A Clean Break Order is one way to do just that, and for many, it offers peace of mind and a fresh start. But what is it, and is it right for you?
What Is a Clean Break Order?
A Clean Break Order is a type of financial order made by the court during or after the divorce or dissolution of a civil partnership. Its purpose is simple: to sever all financial ties between you and your ex from the point of the order in the future.
This means that once the order is in place, neither party can make any future financial claims against the other, including claims for income, property, pensions, or inheritance.
Key Benefits of a Clean Break Order
- Finality: It brings closure. Once approved, neither can return to ask for more money or assets.
- Protection: Even if you don’t have significant assets now, your financial position may improve. A clean break prevents an ex-partner from benefiting later (for example, if you receive an inheritance, start a successful business, or win the lottery).
- Simplicity: It can simplify financial arrangements, particularly in short marriages or those without children.
When Is a Clean Break Appropriate?
Clean Break Orders are more commonly suitable in the following situations:
- You have no shared assets or dependents or have already divided your assets.
- Both parties are financially independent and can support themselves going forward.
- The marriage or civil partnership was short.
It may not be appropriate where:
- There are children under 18, especially if one party will need continued financial support.
- One partner has significantly greater financial needs or fewer resources.
- There are complex or long-term assets such as pensions or business interests.
Do You Still Need One If You’ve Already Agreed Everything?
Yes. Even if you’ve amicably agreed to walk away with what you each have, it’s essential to formalise that agreement in a Clean Break Order. Without one, either party can make a future financial claim—even many years later.
What About Maintenance?
A clean break usually ends both capital and income claims, but it’s possible to have a partial clean break. For example, the court might grant a clean break on capital (property and assets) but allow spousal maintenance to continue.
Once maintenance ends (e.g. after a fixed term), the order can be structured to trigger a complete clean break.
How Do I Get a Clean Break Order?
- Agree on terms with your ex – either between yourselves, via solicitors, or through mediation.
- Instruct a solicitor – instruct a solicitor to draft the consent order (the agreement that has been made).
- If you apply to the court for a financial order, you’ll need to submit a consent order and a summary of your finances (Form D81).
- Court approval—If the court is satisfied that the agreement is fair, it will approve the order.
Note: You can only apply for once your Conditional Order (divorce) or Conditional Dissolution Order (civil partnership) has been granted.
Final Thoughts
A Clean Break Order isn’t just for the wealthy—it’s a crucial legal step that protects your future, no matter your circumstances. It ensures that your financial relationship with your ex-partner is fully and finally ended.
If you’re going through a separation or have already divorced but haven’t dealt with the finances, contact us today to speak with one of our family law solicitors about whether a clean break is right for you.