What Is a Clean Break Order and Why It’s Crucial for Your Divorce Settlement?

Did you know that nearly 42% of marriages in the UK end in divorce? Financial disputes, particularly over assets and maintenance, are among the most stressful and contentious aspects of divorce proceedings. Achieving a clean break order can help divorcing couples sever their financial ties and move forward with their lives, free from the worry of future financial claims. 

In fact, a clean break order ensures that neither spouse can make financial claims against the other in the future—giving you a sense of financial security and closure. But is it always possible? And do you need one? Here’s everything you need to know.

What Is a Clean Break Order?

A clean break order is a financial settlement in divorce where the couple no longer has any ongoing financial obligations toward each other. Once the order is in place, neither party can make any further claims against the other. The aim is to give both individuals financial independence and certainty.

The UK Family Law Act governs these matters under Section 23 of the Matrimonial Causes Act 1973, which gives the court the authority to decide whether a clean break is appropriate in a particular divorce case.

Why Is a Clean Break Order Important?

Peace of Mind: A clean break order allows both parties to move on with their lives without fearing future financial claims from the other. It eliminates long-term financial uncertainty, especially in situations where one spouse might otherwise seek ongoing support or a share of future earnings.

Legal Protection: Once a clean break order is approved by the court, it becomes legally binding. This means that neither spouse can make a claim against the other’s estate, income, or capital in the future—giving both parties full financial independence.

Divorce Finality: It marks a clear end to the financial aspects of the marriage. Even though the divorce itself may be finalized with a Decree Absolute (or Final Order for civil partnerships), financial ties can persist. A clean break order ensures that all financial matters are settled.

Do You Need a Clean Break Order?

It depends on your individual circumstances. For some couples, the assets are straightforward, and both parties can easily become financially independent. For others, achieving a clean break may not be immediately possible due to dependent children or financial disparities, especially in long marriages.

According to the Matrimonial Causes Act 1973, the court is required to consider financial settlements when granting a divorce, but there is no presumption that a clean break order will always be the result. The court’s role is to ensure that any financial settlement is fair and reasonable in the circumstances of both parties.

When Is a Clean Break Order Not Possible?

Children’s Needs: If there are children involved, the court may decide that one party needs ongoing financial support. In this case, the court might impose a maintenance order rather than a clean break order. In these situations, while capital assets might be divided, income support may still be required.

Long Marriages: In long marriages, particularly where one spouse is financially dependent on the other, the court may find that a clean break is not achievable unless there are sufficient assets to allow both spouses to become financially independent.

Spousal Maintenance: If the court determines that one spouse is entitled to spousal maintenance, a clean break order cannot be implemented. However, a capital clean break (division of assets) can still be achieved.

How Does a Clean Break Order Work?

A clean break provision is included as part of a financial consent order, which outlines the division of assets, including property, pensions, and other financial matters. Once both parties agree to the terms of the financial settlement, they can apply for a court order. The clean break provision within this order ensures that there will be no further financial claims between the spouses, either during their lives or upon death.

How Do You Get a Clean Break Order?

1. Agreement on Financial Settlement: Both parties must reach an agreement on how to divide their assets and whether spousal maintenance is required. This can be done through negotiation, mediation, or court proceedings.
2. Drafting the Financial Consent Order: If both parties agree to the terms, a solicitor drafts a financial consent order, which includes the clean break provision. This order must be signed by both parties and submitted to the court for approval.
3. Court Approval: The court will review the consent order to ensure it is fair and reasonable. If the court approves the order, it becomes legally binding and enforceable.
4. Enforcement: If either party fails to comply with the terms of the order, the other can seek enforcement through the courts.

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Expert Insights: When to Consider Legal Advice

Family law expert, Jane Smith, from the Family Law Association advises: “A clean break order is an essential tool for divorcing couples who want to ensure that their financial matters are fully resolved. It provides both parties with the financial freedom to move forward without worrying about ongoing obligations. However, it’s critical that both parties seek legal advice to ensure the order is properly drafted and legally binding.”

While it is possible to draft a clean break order independently, it is highly recommended that you consult a solicitor to avoid errors that could invalidate the order. A family law solicitor can help ensure the terms of the order are fair and reflective of your unique circumstances.

What Happens If You Don’t Have a Clean Break Order?

Without a clean break order, the financial ties between the parties remain unresolved. This means that either party can make future claims on the other’s assets or income. Common scenarios where claims might arise include:

• When one spouse inherits assets after the divorce.
• If one spouse experiences a financial windfall, such as a lottery win or a successful business venture.
• If one party remarries and their financial situation improves.

Can You Get a Clean Break Order If You Disagree?

Yes, it is possible to obtain a clean break order even if you disagree with your spouse, but it will require court intervention. If both parties cannot agree on the division of assets, the case will be brought before a judge, who will make the final decision.

The Benefits of Clean Break Orders

Certainty: Both parties can move forward without worrying about future financial claims.

Security: It ensures that both spouses have financial independence post-divorce.

Clarity: A clean break order offers a clear division of assets and ends financial obligations.

Legal References and Key Acts

• Matrimonial Causes Act 1973: The court’s duty to consider financial matters during divorce proceedings.
• Family Law Act 1996: Includes provisions for spousal maintenance and financial settlement post-divorce.
• Civil Partnership Act 2004: Relevant for same-sex couples seeking financial settlements and clean break orders.

Disadvantages of a Clean Break Order

Despite its advantages, there are some disadvantages of clean break orders to consider. For one, they completely end the possibility of revisiting financial claims in the future. This means if one spouse’s financial situation drastically changes post-divorce (e.g., loss of job, illness), they may have limited recourse for additional financial support. Furthermore, the division of assets in some cases may feel unfair if not carefully evaluated, especially if one spouse receives less than expected in relation to their contribution to the marriage.

FAQs

Can a clean break order be revisited in the future? 

No, once a clean break order is in place, it completely terminates any future financial claims between the spouses. This means if one party’s financial situation changes dramatically after the divorce (e.g., through illness or job loss), they may not be able to request further support.

Are clean break orders suitable for all divorces? 

No, clean break orders are not suitable for all divorces. They are most appropriate for couples who are financially independent or have the ability to become independent soon. In cases where one party requires financial support, such as spousal maintenance or child support, a clean break order may not be appropriate.

How do I apply for a clean break order? 

To apply for a clean break order, you must make an application to the court as part of your divorce proceedings. It’s important to ensure that the financial settlement is fair to both parties, and seeking legal advice from a solicitor is highly recommended to guide you through the process.

Can a clean break order affect property or pension settlements? 

Yes, a clean break order can affect the division of assets, including property and pensions. The court will ensure that both parties are treated fairly in the settlement of assets, and the clean break order will finalize any claims over these assets.

What happens if one spouse does not agree to the clean break order? 

If one spouse does not agree to the clean break order, the court will attempt to resolve the issue. The court can still make a clean break order if it deems it to be a fair settlement, even if one party initially disagrees.

Is it possible to change a clean break order after it’s made? 

Once a clean break order is finalized and approved by the court, it is generally not subject to change. However, if there has been a significant change in circumstances (e.g., a substantial change in financial status), it may be possible to seek a variation in specific circumstances, though this is rare.

Does a clean break order apply to spousal maintenance or child support? 

A clean break order will terminate any ongoing spousal maintenance or child support obligations, but only if both parties agree to this arrangement. If spousal maintenance or child support is still required, the court may order that it continues, and a clean break order would not apply in that situation.

Can I get a clean break order if there are children involved? 

Yes, it is possible to get a clean break order even if children are involved in the divorce. However, if the child support obligations are ongoing, a clean break order will not cover these, and separate arrangements for child support will need to be made.

Conclusion

A clean break order is an important legal tool that can help divorcing couples sever financial ties and avoid future claims. While it may not be suitable for every divorce, it’s crucial to consider whether this option aligns with your needs. Seeking advice from a qualified family law solicitor can help ensure that your financial settlement is fair, legally binding, and in line with your long-term financial security.

If you’re experiencing a divorce or dissolution and are considering a clean break order, don’t hesitate to consult with a solicitor who can provide tailored advice and guide you through the legal process. It’s never too early to plan for your financial future.