A Clean Break Financial Order is a court order made on divorce or dissolution of a civil partnership which deals with all financial issues between the parties, thereby preventing either party from making financial claims against the other in the future.
Once approved, it creates finality: there is no ongoing financial obligation, such as spousal maintenance (unless agreed otherwise), and neither party can later apply for further money, pension sharing, or property adjustment from the other.A Clean Break Order can be consent (agreed) or imposed by the court where it is appropriate to do so. It takes effect on grants of the Final Order (formerly Decree Absolute).
What is a clean break financial order?
A Clean Break Financial Order is a legally binding court order that ends all future financial claims between divorcing spouses. It provides both parties with financial independence once the divorce is finalised.
Why do I need a clean break order if we have no assets?
Even if there are no assets, savings or property, without a Clean Break Order, either spouse could make a claim on the other many years after a divorce. A Clean Break Order protects both parties from any such future claims.
How do I get a clean break order in a divorce?
Apply to family court, usually with a consent order (settlement agreement), drafted by a solicitor, and signed by both parties. A judge checks that the agreement is fair to both parties, before approving it.
Can you get a clean break if there are children?
Yes. The existence of children does not prevent a clean break from being made. Child maintenance is a separate issue and can not be dealt with by a Clean Break Order.
Do both spouses have to agree to a clean break?
If it is a consent order, both parties must agree.
If they do not agree, the court can still impose a clean break where appropriate after a financial remedy hearing.
Does a clean break order include pensions?
Yes. A Clean Break Order can include a pension sharing arrangement or pension offsetting. When these are implemented, neither party can make any further claim on the other’s pension in the future.
How long does a clean break order take?
If agreed by both parties, it typically takes a few weeks for the court to approve the consent order, depending on court processing times.
Can I get a clean break order without going to court?
No. Even if you have fully agreed on everything, the clean break must be approved by the court in order for it to become a legally binding order. An informal agreement is not enforceable if there is no court order.
Can my ex make a claim after a clean break order?
No. The whole point of a Clean Break Order is that it stops future financial claims (apart from child maintenance). This is why it is considered essential for long-term financial protection.