Clean Break Orders After Divorce

What is a clean break order?

A clean break order is a type of financial order intended to prevent future financial claims between divorcing parties. It can be used where both parties want financial independence after divorce.

A clean break may be part of a wider consent order dealing with property, savings, pensions, debts or maintenance.

Why clean break orders matter

• They can reduce the risk of future financial claims.
• They can formalise an agreed financial separation.
• They may protect future income, inheritance or assets.
• They can provide certainty after divorce.
• They may be important even where there are limited assets now.

When might a clean break not be suitable?

A clean break may not be appropriate where one party needs ongoing maintenance, where children’s needs affect finances, or where the overall financial settlement has not been properly considered.

Pensions, property, debts and income should usually be reviewed before deciding whether a clean break is realistic.

Information often required

• Details of property and mortgage arrangements.
• Savings, debts and income information.
• Pension statements.
• Details of children and housing needs.
• Any existing financial agreement.
• Draft consent order paperwork, if already prepared.

Frequently Asked Questions

Is divorce enough to stop financial claims?

Divorce ends the marriage, but a separate financial order may be needed to deal with financial claims.

Can we get a clean break if we have no assets?

It may still be worth considering, because circumstances can change in the future.

Is a clean break the same as a consent order?

A clean break can be included within a consent order, but not every consent order creates a full clean break.