A clean break order is a court-approved financial settlement that fully severs the financial ties between you and your ex-spouse once you are divorced. It ends the possibility of either party making further financial claims in the future, including claims on assets, property, and income.

1. Conditional Order
   • You can apply for a clean break order once the conditional order (previously known as the decree nisi) has been granted during divorce.
2. Financial Agreement
   • You and your ex-partner agree on how to split your assets and debts.
3. Drafting & Approval
   • A solicitor drafts the settlement and submits it to the court. If the court deems it fair, you both receive legal security against future claims.

A clean break arrangement is typically suitable if:

• You have been married for a relatively short time (usually under five years).
• You want a definitive end to financial ties.
• You wish to prevent future claims from an ex-spouse, for instance, if you anticipate a future increase in wealth.

Even if there are no joint assets or children, obtaining a clean break order can ensure neither spouse can return later to make a claim.

You can negotiate a financial settlement at any stage—soon after separation, during divorce proceedings, or even after divorce is finalised. Ideally, it’s best to settle before the final divorce decree, so the court can approve the clean break order at the same time as the conditional order, making the process more efficient.

Yes.

• Shorter Marriages (Under 5 Years): Courts often consider that each party leaves with what they brought into the marriage. Typically, there is no pension share or spousal maintenance required.
• Longer Marriages: Finances are more entwined, making a complete clean break less feasible. Ongoing commitments, such as spousal maintenance or property transfers, might still be required.

Advantages:

• Protects any future assets you acquire.
• Prevents any need for returning to court on financial matters.
• Can shorten divorce proceedings and lower legal costs.

Disadvantages:

• Complexities arise if you have a longer marriage or intertwined finances.
• Child or spousal maintenance can make a simple clean break difficult, requiring a consent order with a clean break clause for future protection.

A straightforward clean break order alone is not usually possible if you have children. Child maintenance remains payable, typically via the Child Maintenance Service (CMS). If you want to protect your future assets, you can include a “clean break” clause within your overall consent order, ensuring child support continues while other future claims are limited.

A consent order is a legally binding record of the financial settlement you and your ex-partner have agreed upon. A “clean break clause” can be added to ensure that neither spouse can make new claims in the future. Without a clause like this, one ex-spouse could still file for further financial support long after divorce.

It’s extremely difficult. Generally, a clean break order is final unless one party can demonstrate fraud or show undisclosed assets at the time it was drafted. In these cases, a court might reopen financial matters.

Try alternative dispute resolution (ADR), such as mediation, or seek solicitor-led negotiations to come to an arrangement. If these methods fail, you may have to apply to the family court for a financial order. This can be more time-consuming and costly, and it may prolong the divorce.

Without a clean break, you and your former spouse remain financially tied. Either party could bring a future claim, regardless of how many years have passed since the divorce. Always seek legal advice on whether a clean break order aligns with your specific situation.

Need Further Advice?
For help in drafting or reviewing a clean break order—whether your marriage was short, long, or complicated by children—our experienced family law team is here to guide you.

HM & Co. Solicitors
186 Lower Road
Surrey Quays
London SE16 2UN

Telephone: 02071128180
Email: info@hmsolicitorsltd.com

Speak to one of our specialists about your options for a secure financial settlement that best suits your circumstances.