What is a clean break order in divorce?
A clean break order is a financial order made by the family court which legally ends all financial claims between former spouses after a divorce.
Many people assume that once their divorce is finalised, finances are automatically severed, but this is not the case. Only a clean break settlement can end financial obligations such as:
- Spousal maintenance
- Claims against income or future earnings
- Claims against property or lump sums
- Pension claims
- Claims against assets acquired in the future
Without a clean break order, financial claims can remain open indefinitely, even years after the divorce.
Why is a clean break settlement important?
A clean break order can provide:
- Finality and certainty
Once sealed by the court, neither party can return in future to make further financial claims. - Protection of future assets
Any future inheritance, business growth, or property purchases are safeguarded. - Independence
Both parties can move forward without ongoing financial ties. - Reduced conflict
It limits the risk of financial disputes arising later.
Clean break orders are particularly important where one person expects their financial position to improve after the divorce, for example, due to business development, investments, or future inheritance.
When is a clean break appropriate?
A clean break settlement is usually suitable where:
- Both parties can be financially independent
- All marital assets can be divided fairly during the settlement
- There is no need for long‑term spousal maintenance
- The parties want to end all financial ties
Even if a lump sum or property division is involved, the court may still order a clean break once those obligations have been fulfilled.
Is a clean break order the same as ending child maintenance?
A clean break settlement cannot prevent child maintenance being paid. Child maintenance rights belong to the child, not the parent, and are usually dealt with through the Child Maintenance Service (CMS).
The clean break only deals with financial obligations between the spouses.
When might a clean break not be suitable?
The court may decide a clean break is not appropriate where:
- One spouse requires ongoing support
- There is a significant income disparity
- One party cannot meet their needs without maintenance
- Financial arrangements need to be staged over time
In these cases, the court may defer the clean break until obligations have been met.
How do you get a clean break order?
There are two routes:
- Consent order (agreed settlement)
If both spouses agree on finances, a solicitor drafts a consent order including the clean break. This is then submitted to the court for approval.
This is usually the fastest and most cost‑effective option.
- Court proceedings (if no agreement)
If an agreement cannot be reached, the court will decide the financial settlement and determine whether a clean break is appropriate.
Either way, the order must be drafted by a solicitor and approved by a judge before it becomes legally binding.
What happens if you don’t get a clean break settlement?
Without a clean break order:
- Your ex‑spouse can make claims in the future
- Future assets and income may be vulnerable
- A later financial claim could lead to litigation
- You could face financial uncertainty years after the divorce
There are reported cases where ex‑spouses have made successful claims decades after divorce due to the absence of a financial order.
How much does a clean break order cost in the UK?
Costs vary, but typically include:
- Solicitor’s fees for drafting the order
- Court fee (currently £60)
- Any negotiation or advice required on the financial settlement
Most couples secure a clean break as part of a wider consent order, which is generally more cost‑effective than litigating.
Conclusion: is this the right option for you?
A clean break order provides clarity, finality, and long‑term financial protection.
If you’re considering divorce or are partway through the process, obtaining legal advice is crucial to ensure your financial settlement is fair and your future assets are secure.
How can we help?
Naomi Bond is a Senior Associate in our expert Family Law Team.
If you need advice on any divorce-related matter or have any other family law-related queries, please contact Naomi or another member of the team in Derby, Nottingham, or Leicester on 0800 024 1976 or via our online form.
Naomi or the team will be happy to discuss your circumstances in more detail and give you more information about the services that our Family Law team can provide, along with details of our hourly rates and fixed fee services.
Contact usIf this article relates to a specific case/cases, please note that the facts of this case/cases are correct at the time of writing.