Key Takeaways
- A clean break order is a financial order, usually part of a consent order, that ends the financial ties between former spouses under the Matrimonial Causes Act 1973.
- Once a judge approves it, neither party can make future claims for maintenance, a lump sum, property or pensions, or against each other’s estate on death.
- Getting divorced does not end financial claims on its own. Only a financial order with a clean break does that.
- A clean break cannot end child maintenance, and is not always possible where one person still needs ongoing support.
You might assume that once your divorce comes through, the money side is closed for good. It is not.
A final order ends the marriage, but it does not stop your former spouse from making a financial claim against you later, sometimes years down the line. A clean break order is what closes that door.
In short, it is a financial order, usually part of a consent order, that ends the financial ties between you and your former spouse so neither of you can come back for more in future.
Keep reading to find out what a clean break order covers, how you get one, when the court will and will not make one, and how it fits with child maintenance. You will also see why relying on the divorce alone, or on an informal agreement, can leave you exposed.
And if you would rather talk it through first, our family law solicitors offer a free 30-minute consultation to help you understand where you stand before you agree anything.
What does a clean break order do?
A clean break order brings the financial relationship between former spouses to an end. It is made under the Matrimonial Causes Act 1973, and once a judge approves it, neither person can return to court to claim money, property or maintenance from the other.
A full clean break dismisses claims for spousal maintenance, lump sums, property and pensions. It can also bar a claim against the other person’s estate when they die, under the Inheritance (Provision for Family and Dependants) Act 1975.
What it gives both of you is certainty. Each person can rebuild their finances, including any later pay rise, inheritance or business success, without the other having a claim on it.
Not every financial order is a clean break. Where one person will keep paying spousal maintenance, a financial tie remains, so the order is not a full clean break. A clean break is specifically the part of an order that dismisses those ongoing claims.
What can a clean break cover?
A clean break can deal with all the main financial parts of a marriage: the family home and any other property, savings and investments, lump sum payments, and how pensions are shared. Pensions are often one of the largest assets a couple holds, so getting that part right matters.
Before you agree terms, it helps to have a clear picture of what there is to divide. Our divorce settlement calculator can give you an early estimate of the matrimonial assets and how they might be shared.
Why isn’t divorce enough on its own?
This is the part that catches people out. Ending the marriage and ending the financial relationship are two separate things.
When your final order comes through, you are divorced. But unless a financial order with a clean break is in place, your former spouse can still bring a claim against you. There are well-known cases of ex-spouses making claims many years after the divorce, sometimes against money or assets built up long after the couple separated.
To close that off, you need a court-approved order. GOV.UK confirms that to make a financial agreement legally binding you have to apply for a consent order. A signed agreement between the two of you, on its own, does not stop a future claim.
How do I get a clean break order?
There are two routes, depending on whether you agree.
If you can agree how to divide your finances, your solicitor drafts the terms into a consent order that includes the clean break wording. You both set out your finances on a statement of information, the D81 form, so the court can check the agreement is fair. There is usually no hearing.
The court fee for a consent order application is currently £60, and fees change from time to time, so it is worth confirming the figure on GOV.UK. A consent order can only be approved once your conditional order has been granted, so many people apply for it at that stage.
If you cannot agree, either of you can ask the court to decide by applying for a financial order. This route is more expensive, with a court fee of £313, and usually means attending hearings before a judge makes the decision. In most cases you must attend a meeting about mediation before you apply, unless an exemption applies, for example where there has been domestic abuse.
When will the court make a clean break?
A clean break is not automatic, but the court has a duty to consider one in every case. The aim is to end financial obligations between the parties as soon as it is fair to do so.
Whether it is appropriate depends on your circumstances. The court looks at each person’s income and earning capacity, their needs, the length of the marriage, your ages and the contributions each of you made, with first consideration given to the welfare of any child under 18.
A clean break tends to work where both people can be financially independent, or where there are enough assets to settle everything now. Where one person still needs support, for example after a long marriage or while caring for young children, an immediate clean break may not be fair. In some cases a larger share of the capital, or a lump sum in place of maintenance, is used to achieve a clean break instead.
Does a clean break affect child maintenance?
No. A clean break ends financial claims between the adults, but it cannot remove a parent’s duty to support their children.
Child maintenance is dealt with separately, either through a private agreement or the Child Maintenance Service, and it continues regardless of any clean break between the spouses.
Can a clean break order be changed later?
Clean break orders are designed to be final, and they are very hard to undo. A court will only set one aside in limited situations, such as where one party hid assets or failed to disclose their true financial position.
There is also a trap to be aware of. If you remarry before you have applied for a financial order, you can lose the right to make certain claims altogether. Taking advice early helps you avoid mistakes like this.
Speak to a family law solicitor about a clean break order
A clean break can give you real financial security, but only if it is drafted correctly and is the right fit for your circumstances. Agreeing terms without advice, or relying on an informal arrangement, can leave claims open that you thought were closed.
At Osbourne Pinner, our family law solicitors help separating couples reach fair financial settlements and put them into a watertight order, including clean break provisions where they are appropriate. We will explain your options, handle the paperwork and make sure nothing is left open that should be closed.
Please note that this article is for informational purposes only and does not constitute legal advice. We always recommend speaking to a qualified solicitor for advice tailored to your specific circumstances.
We offer a free 30-minute consultation to discuss your situation. You can speak with us via video call or visit our offices in Harrow, Canary Wharf, Piccadilly Circus or Manchester. To arrange your consultation, call 0203 983 5080, email [email protected] or complete the form below.
