In brief
A clean break order is a type of financial court order that permanently severs all financial ties between former spouses after divorce. Once approved by a judge, neither party can make any further financial claims against the other – no matter how their circumstances change in the future. Clean break orders can cover property, savings, investments, and pensions, and they dismiss any right to spousal maintenance. They are usually made as part of a consent order and require court approval even when both parties agree. Getting a clean break order is one of the most important steps you can take to protect your financial future after divorce.
What is a clean break order?
A clean break order is a financial order made under the Matrimonial Causes Act 1973 that ends all ongoing financial obligations between you and your former spouse. It means that once your divorce is finalised and the order takes effect, neither of you can return to court to make further claims for money, property, or maintenance from the other.
Without a clean break order, financial claims remain open indefinitely, even decades after your divorce. There have been well-publicised cases where former spouses have successfully claimed against each other many years after separating, simply because no financial order was ever put in place.
This is why family law solicitors strongly recommend obtaining a clean break order as part of every divorce settlement, even where there are few assets to divide. It provides certainty and finality for both parties.
A clean break order is distinct from the final order that legally ends your marriage. The final order dissolves the marriage itself, but it does not resolve your finances. Only a financial order, such as a clean break order, can sever the financial ties between you.
Clean break order vs consent order – what is the difference?
People often confuse clean break orders with consent orders, or assume they are the same thing. They are closely related but not identical.
A consent order is the legal document that records the financial agreement between divorcing spouses and is approved by a judge. It can contain many different provisions, including how property is divided, whether one party pays the other a lump sum, and how pensions are shared.
A clean break order is a specific provision within a consent order. It is the clause that dismisses all future financial claims. A consent order may or may not include clean break provisions, for example, if ongoing spousal maintenance is part of the agreement, it is not a full clean break.
In practice, most consent orders where both parties are financially independent will include clean break provisions. Your solicitor will draft the order so that it explicitly dismisses all future claims for periodical payments, lump sums, property adjustment, and pension sharing.
What does a clean break order cover?
A clean break order can dismiss claims in respect of:
- Property – Neither party can make further claims on the other’s property, including the family home
- Lump sums – No further capital payments can be claimed
- Spousal maintenance – In a full clean break, all rights to spousal maintenance are dismissed. Where maintenance is ordered for a fixed term, the court may include a Section 28 (1A) bar, which prevents either party from applying to extend that term beyond its end date
- Pension sharing – Any pension sharing order is finalised; no further pension claims can be made
- Inheritance – Claims under the Inheritance (Provision for Family and Dependants) Act 1975 are restricted once a clean break order is in place
It is important to note that a clean break order does not affect child maintenance. Parents retain an obligation to financially support their children regardless of any clean break. Child maintenance is dealt with separately, usually through the Child Maintenance Service or by agreement.
Advantages and disadvantages of a clean break order
Advantages
- Finality – Once approved, neither party can make further financial claims. This gives both spouses the certainty they need to plan their financial futures independently.
- Protection against future claims – Without a clean break, your ex-spouse could claim against a future inheritance, lottery win, or business success.
- Emotional closure – Severing financial ties can help both parties move on.
- Simplicity – A single, clean resolution avoids years of ongoing maintenance disputes.
Disadvantages
- Inflexibility – If your circumstances change dramatically after the order is made (for example, serious illness or job loss), you cannot go back to court for support.
- Pressure to agree – The finality of a clean break can create pressure to accept a less favourable settlement in exchange for certainty.
- Not always appropriate – Where one spouse has been out of the workforce for many years raising children, an immediate clean break may not be fair. In these cases, a period of spousal maintenance may be more appropriate before a deferred clean break takes effect.
Types of clean break
There are three main approaches:
- Immediate clean break – All financial claims are dismissed straightaway upon the order taking effect.
- Capitalised clean break – A lump sum is paid upfront to compensate for what would otherwise have been ongoing maintenance, and then all claims are dismissed.
- Deferred clean break – Spousal maintenance is paid for a fixed period (for example, until the youngest child starts secondary school), after which all claims are dismissed. The court may include a Section 28(1A) bar, which prevents the maintenance term from being extended and ensures a clean break at the end of the period.
How to get a clean break order
The process for obtaining a clean break order is as follows:
- Reach an agreement – You and your spouse agree on how to divide your finances. This can be done between solicitors, through mediation, or by negotiation.
- Complete Form D81 – This is a statement of information that sets out both parties’ financial positions. The court uses it to check that the proposed order is fair.
- Draft the consent order – Your solicitor drafts the order, including the clean break provisions.
- Submit to the court – The consent order and Form D81 are submitted to the family court for approval.
- Judge reviews and approves – A judge considers whether the order is fair to both parties. If satisfied, the judge approves the order without a court hearing.
- Order takes effect – The clean break provisions take effect once the final order (formerly decree absolute) has been granted.
You do not need to attend court. The entire process is usually handled on paper.
How much does a clean break order cost?
The court fee for submitting a consent order (which includes the clean break provisions) is currently £60. This is the fee payable to the court regardless of whether you use a solicitor.
In addition, you will need to budget for solicitor’s fees to negotiate the terms and draft the consent order. Costs vary depending on the complexity of your case.. More complex cases involving property, pensions, or business interests will cost more.
For a full breakdown of divorce costs, see our guide to the cost of divorce.
How long does a clean break order take?
Once the consent order is submitted to the court, it typically takes 4 to 8 weeks for a judge to review and approve it. Timeframes can vary depending on court processing volumes, and delays may occur if the judge has questions or requires additional information.
The total time from starting negotiations to having an approved order will depend on how quickly you and your spouse can agree terms. If there are no disputes, the whole process can often be completed within 2 to 3 months.
What if your ex will not sign a clean break order?
If your ex-spouse refuses to agree to a clean break, you have several options:
- Negotiate through solicitors – A solicitor can explain the benefits of a clean break to your ex, or negotiate terms that both parties can accept.
- Mediation – A mediator can help you reach agreement without going to court.
- Apply to the court – If negotiation fails, you can apply for a financial order through the court using Form A (court fee: £313). The court has the power to impose a clean break order even if one party does not agree, provided the judge considers it fair. Under Section 25A of the Matrimonial Causes Act 1973, the court has a duty to consider whether a clean break is appropriate in every case.
It is worth noting that the court will not enforce a clean break if it would cause undue hardship to either party. However, in most cases, the court will order a clean break where both parties are capable of being financially independent.
Can a clean break order be overturned?
Clean break orders are designed to be final, and overturning one is extremely difficult. A court will only set aside a clean break order in very limited circumstances, such as:
- Fraud or material non-disclosure – If one party deliberately hid assets or lied about their financial position
- Barder events – A fundamental and unforeseen change in circumstances that invalidates the basis on which the order was made (named after the case of Barder v Barder [1988]). Examples might include the death of a party shortly after the order, or the discovery that a major asset was worthless.
A change in financial circumstances alone, such as losing your job, receiving an inheritance, or your ex becoming wealthy, is generally not sufficient to overturn a clean break order. This is precisely what makes the order so valuable: it provides permanent protection.
Get expert advice on clean break orders
If you are going through a divorce and want to understand whether a clean break order is right for you, our experienced family law solicitors can help. We offer a free 30-minute consultation to discuss your situation and explain your options.
Call us on 0800 321 3832 or request a callback at a time that suits you.
Frequently asked questions
Do I need a clean break order if we have nothing to divide?
Yes. Even if you and your spouse have few or no joint assets, a clean break order is still strongly recommended. Without one, your ex-spouse could make a financial claim against you at any point in the future, for example, if you later inherit money, build a successful business, or win the lottery. A clean break order closes this door permanently.
Can I get a clean break order without a solicitor?
Technically, yes. You can draft and submit a consent order yourself. However, this is not recommended. The order must be legally precise or it will be rejected by the court. An error in the wording could leave financial claims open or create unintended consequences. A solicitor will ensure the order properly protects your interests.
Can I get a clean break order after my divorce is already finalised?
Yes. You can apply for a clean break consent order at any time after your divorce, provided neither party has remarried. However, it is much better to deal with finances as part of the divorce process. The longer you wait, the more complicated matters can become, particularly if either party’s financial circumstances change.
How does a clean break order affect my pension?
A clean break order will dismiss all future pension claims. If a pension sharing order is appropriate, it should be included in the consent order.. Once a clean break is in place, your ex-spouse cannot make any further claim on your pension. For more detail, see our guide on how long your ex-spouse can claim your pension after divorce.
Is a clean break order the same as a financial order?
Not exactly. A financial order is a broad term covering any court order dealing with finances on divorce, including consent orders, spousal maintenance orders, property adjustment orders, and pension sharing orders. A clean break order is a specific type of financial order that dismisses all future financial claims between the parties. You can read more about your financial rights in our guide to what you are entitled to in a divorce settlement.
What is a clean break clause?
A clean break clause is a specific provision within a court order that dismisses future financial claims. It typically includes wording that bars both parties from making further applications for periodical payments (spousal maintenance), lump sums, and property adjustment. The clause may also include a direction under Section 28(1A) of the Matrimonial Causes Act 1973, which prevents either party from extending a maintenance term.
