Going through a divorce is one of the most stressful experiences you can face. Once the legal separation is done, the last thing you want is the worry that your ex-spouse could make a financial claim against you years down the line. A clean break order can protect you from that.
In this guide, we explain what a clean break order is, how it works in England and Wales, and what your options are if your ex-partner won’t agree to one.
If you’d like advice on finalising your finances after separation, our family law solicitors are here to help.
What is a clean break order?
A clean break order is a type of financial order, approved by the family court, that legally severs all financial ties between divorcing or divorced spouses. Once it’s in place, neither party can make a future financial claim against the other. That protection extends to income, capital, property, pensions, inheritances, and any financial windfall either party receives later in life.
It’s important to understand that a divorce itself does not end financial obligations between spouses. Only a financial order does that. Without one, an ex-spouse can make a claim against you years after the divorce is finalised.
The court’s duty to consider whether a clean break is appropriate is set out in section 25A of the Matrimonial Causes Act 1973, which requires the judge to consider whether the financial obligations of each party should be terminated as soon as is just and reasonable. The factors the court weighs when reaching a fair outcome are set out in section 25 of the same Act.
How does a clean break order work?
A clean break order sets out the agreed division of assets between the parties and includes dismissal clauses, which are provisions that prevent either spouse from making further financial claims in the future.
The process typically follows these steps:
- Both parties negotiate and agree a financial settlement.
- Full financial disclosure is made by each party, usually through a financial statement known as Form E.
- The agreed order is drafted and signed by both parties.
- The order is submitted to the family court alongside a statement of information (Form D81).
- A judge reviews the agreement and approves it if they consider it fair.
The order only becomes legally binding once a judge approves it. Agreement between the parties alone is not enough. Where pensions form part of the overall settlement, your solicitor can advise on the options available, including pension sharing and pension offsetting.
Is a clean break order the same as a consent order?
This is a common point of confusion. A clean break order is a specific type of financial consent order, but the two terms don’t mean exactly the same thing.
A consent order is a court order that records any agreed financial settlement between divorcing spouses. It can cover lump-sum payments, property transfers, pension sharing, or ongoing spousal maintenance.
A clean break order goes further: it is the version that ends all ongoing financial obligations, with no spousal maintenance payable either now or in the future.
What are the advantages of a clean break order?
A clean break order offers several important benefits:
- Finality and certainty: You know exactly where you stand financially once the order is in place.
- Protection of future assets: Any income, property, pension growth, business earnings, or inheritance you acquire after the order cannot be claimed by your ex-spouse.
- Emotional closure: Severing financial ties allows both parties to move forward without ongoing entanglement.
- Protection for both parties: A clean break isn’t only in the interest of the higher earner. It can equally protect a lower-earning spouse from being pursued for maintenance by a former partner whose circumstances change.
What are the disadvantages of a clean break order?
It’s important to understand the drawbacks before agreeing to a clean break:
- It cannot be reopened: If your circumstances change after the order is made, you generally cannot go back to court to seek further financial provision. That applies whether it’s job loss, serious illness, or the other party acquiring significant wealth.
- You give up the right to future support: If you’re the lower earner, you’ll be waiving any entitlement to spousal maintenance going forward.
- It isn’t suitable for every situation: Where there’s a significant income gap, or where one spouse needs time to become financially independent, a full clean break may not be the fairest outcome.
A clean break order is not right for every couple. Taking legal advice before agreeing to one is essential.
When is a clean break order appropriate?
A clean break tends to work well where:
- Both parties are financially independent, or can become so without hardship
- The assets can be divided clearly and fairly without ongoing payments
- The marriage was relatively short
- There are sufficient capital assets to achieve a fair settlement without maintenance
Where there are young children, a significant difference in earnings, or one party has been out of the workforce for an extended period, a deferred clean break may be more appropriate. This allows for a period of spousal maintenance with a built-in end date, giving the financially dependent party time to adjust before the financial link is cut.
What happens if my ex won’t sign a clean break order?
You can’t force your ex-partner to sign a clean break order. However, you’re not without options.
If agreement can’t be reached through negotiation, the recommended first step is mediation. A trained mediator can help both parties explore a fair resolution without going to court.
If mediation fails or isn’t appropriate, you can apply to the court for a financial remedy order. The court will then determine a fair financial settlement following a contested hearing, and it has the power to impose a clean break where it considers that appropriate.
Given that contested court proceedings can be lengthy and costly, it’s worth exploring all negotiated routes first. A solicitor can advise on the most effective approach for your situation.
How much does a clean break order cost?
The cost of a clean break order has two main components:
- The court fee: The current fee for submitting a consent order to the family court is £62. You may qualify for fee remission if you’re on certain benefits or have a low income. You can check the current fee and eligibility criteria on gov.uk.
- Solicitor fees: These vary depending on the complexity of your financial situation and whether the settlement is agreed or contested. An agreed clean break order is significantly less expensive than contested financial remedy proceedings.
How long does a clean break order take?
Once both parties have agreed a settlement and the paperwork is submitted, court approval typically takes several weeks. The exact timescale depends on the court’s workload and whether the judge requires further information before approving the order.
In practice, reaching agreement on the settlement itself usually takes longer than the approval process. Starting negotiations early, with proper legal advice, helps keep things on track.
Can a clean break order be overturned or changed?
A properly approved clean break order is designed to be final. It’s very difficult to have one set aside after the fact. The court will only consider doing so in limited circumstances, such as:
- Fraud: Where one party deliberately misled the other during the process.
- Material non-disclosure: Where a significant asset was concealed during financial disclosure.
- A Barder event: An unforeseen, fundamental change in circumstances occurring very shortly after the order was made. These situations are rare and the legal threshold is high.
This is why full and honest financial disclosure before any order is agreed matters so much. If an asset is concealed and later comes to light, the other party may have grounds to apply to set the order aside.
Can you get a clean break order after divorce?
Yes. A clean break order can be obtained after the divorce is finalised, and there’s no strict cut-off date for applying. That said, acting sooner rather than later is strongly advisable.
Without a financial order in place, an ex-spouse retains the legal right to make a financial claim against you, potentially years after the divorce. This risk doesn’t automatically disappear if you remarry; see the FAQ below for more detail on the remarriage trap.
You can read more about financial orders after separation on gov.uk.
Frequently asked questions about clean break orders
Do I need a solicitor for a clean break order?
Technically, it’s possible to apply for a clean break order without a solicitor. However, a solicitor will make sure the order is correctly drafted, that full financial disclosure has taken place, and that the agreement is fair and likely to be approved by the court. Getting it wrong can leave you exposed to future claims, so professional advice is a worthwhile investment.
What if my circumstances change after a clean break order?
A clean break order is designed to be final. If your circumstances change after it’s in place, whether through illness, redundancy, or the other party becoming wealthy, you generally won’t be able to go back to court to seek further financial provision. This is precisely why taking proper legal advice before agreeing to a clean break is so important.
Do I need a clean break order if I have no assets?
Yes, a clean break order can still be valuable even where you have little or no assets at the time of the divorce. Without one, your ex-spouse could potentially claim against your future income, pension entitlements, inheritance, or any financial windfall you receive later in life. A clean break order closes that door.
Do I need a clean break order if I remarry?
This question relates to what’s known as the remarriage trap. If you remarry without a financial order in place, you may lose your own right to make certain financial claims against your ex-spouse. However, your ex-spouse does not lose the right to claim against you. A clean break order protects both parties and provides the financial finality that remarriage alone cannot achieve.
How Devonalds Solicitors can help
Sorting out your finances after separation can feel overwhelming, particularly when you and your ex-partner can’t agree. Our experienced family law team can guide you through the entire process, from negotiating a fair financial settlement to drafting and submitting the order to court.
We work with clients across South Wales and beyond from our offices in Bridgend, Caerphilly, Church Village, Tylorstown, Tonypandy, Talbot Green, Treorchy, and Pontypridd.
Visit our financial settlements page to find out more, explore our full range of divorce and family law services, or contact us for a free initial discussion with a member of our team.
You can call us on 01443 434343 or use our online contact form and we’ll get back to you as soon as possible.