Guidance for achieving a total clean break order

When a marriage ends, financial ties between spouses often remain unless they are formally resolved. One powerful legal tool to officially “cut” financial ties is the clean break order. A clean break order is a type of financial court order available during divorce or civil partnership dissolution that severs all future financial obligations between ex-partners. Once approved by the court, a clean break order means neither party can make future financial claims against the other, including claims for income, property, pensions or inheritance.

What is a clean break order?

A clean break order can only be granted once a divorce is underway or has been finalised. It is especially beneficial for couples who have reached a mutual agreement and want to ensure no lingering financial liabilities. Even if there are no assets to divide at the time of divorce, a clean break order may still be recommended to protect future finances.

Without a clean break order, an ex-spouse could potentially bring a claim years later. For those seeking certainty and closure, the clean break order offers essential legal protection. Understanding the function and long-term value of a clean break order is the first step towards a secure financial future.

When is a clean break order appropriate?

A clean break order is not automatically granted in every divorce; its suitability depends on the circumstances of each individual case. In general, a clean break order is most appropriate where both parties are financially independent, or where they agree to divide assets without future maintenance payments. A judge will assess whether a clean break order is fair and realistic for both individuals.

If there are no dependent children or ongoing financial needs, a clean break order can bring closure and finality. However, if one partner relies on spousal maintenance due to illness, caregiving responsibilities or reduced earning capacity, a clean break order may not be suitable. In such cases, the court may defer or refuse a clean break order if it would cause financial hardship.

The court considers each spouse’s needs, responsibilities and earning potential before issuing a clean break order. In short marriages, or where both parties are employed and have no joint debts or property, a clean break order is often ideal.

Ultimately, the goal of a clean break order is to help people move on financially and emotionally. Knowing when a clean break order is appropriate is vital in order to achieve a fair financial settlement.

Legal basis and court considerations for a clean break order

The legal foundation for a clean break order is found in the Matrimonial Causes Act 1973, specifically Section 25, which guides courts in dividing finances fairly after a marriage ends. When considering a clean break order, the court must assess each party’s income, earning potential, financial needs and contributions to the marriage. The court’s aim is to achieve fairness and balance.

A clean break order allows a complete severance of financial ties, but only when it is just and reasonable. The court may grant a clean break order immediately, or defer it if short-term support is required. For instance, if spousal maintenance is needed temporarily, a deferred clean break order might be put in place to take effect at a future date.

A judge will only approve a clean break order if both parties have made full and honest financial disclosures. Hiding income or assets can undermine the validity of the clean break order and lead to the reopening of the case.

Ultimately, the court’s discretion is key. Securing a clean break order requires careful planning and evidence that both parties can be financially independent going forward.

Clean break order vs consent order: What is the difference?

Many people confuse a clean break order with a consent order, but they are not the same. A consent order is a broader document that outlines the financial agreement between divorcing spouses and it may or may not include a clean break order. A clean break order is a specific type of clause within a financial settlement that ends all future claims between parties.

A clean break order can be part of a consent order when both parties agree that there should be no further financial ties. However, not every consent order includes a clean break order, especially if there are ongoing maintenance obligations. Understanding when to include a clean break order is vital.

A clean break order can offer legal certainty and can help to prevent unexpected financial claims years after a divorce. If you do not secure a clean break order, your ex-partner could potentially make a claim against future assets, including pensions or inheritance.

In summary, a clean break order is a specific legal mechanism for full financial separation, while a consent order is the broader document that formalises your settlement.

How to apply for a clean break order

Applying for a clean break order is a key step in achieving long-term financial clarity after divorce. The process begins once divorce proceedings have started; you cannot apply for a clean break order without first filing for divorce or civil partnership dissolution. The court will consider a clean break order once both parties have reached an agreement or a judge has ruled on the division of assets.

To apply, both parties must complete and submit Form D81 (Statement of Information) and a draft consent order that includes the clean break order clause. This draft outlines the financial terms and confirms that both individuals agree that there should be no future claims.

A solicitor usually prepares these documents, but the clean break order must be approved by a judge to become legally binding. The court will assess whether the proposed clean break order is fair and whether both parties fully understand its consequences.

There is a fee to apply for a clean break order, and once approved, it becomes enforceable. Getting the paperwork right is crucial, as errors can delay or invalidate your clean break order.

Benefits of a clean break order

The primary benefit of a clean break order is financial finality. Once approved, a clean break order legally prevents either spouse from making future financial claims against the other. This offers peace of mind and a clean slate, allowing both individuals to move on with financial independence.

A clean break order protects future income, property and inheritances. Without a clean break order, an ex-spouse could potentially return years later to claim a share of assets acquired post-divorce. This risk remains unless a clean break order is in place.

Another major advantage is avoiding future court disputes. With a clean break order, there is no need to return to court over financial matters once the order is finalised. This helps reduce stress, uncertainty and additional legal costs.

For many, the emotional benefit of a clean break order is just as valuable. It symbolises a fresh start and removes lingering obligations. Whether you are the higher earner or not, securing a clean break order ensures your financial future is not tied to your former partner.

Ultimately, a clean break order offers clarity, control and long-term security following divorce.

Risks and limitations of a clean break order

While a clean break order offers many benefits, it is not always appropriate or guaranteed. Courts may refuse a clean break order if it would cause financial hardship to one party, especially in cases involving long marriages or where one spouse has been financially dependent.

A clean break order may not be suitable if there are children involved and ongoing maintenance or support is required. The court prioritises the welfare of children, which can limit the possibility of a full financial break.

There is also a risk if financial disclosure is incomplete. A clean break order is only as strong as the information it is based on. If one party hides assets or income, the order may later be challenged or set aside.

Additionally, a clean break order is final; once granted, it generally cannot be varied or revisited. This permanence means parties should carefully consider the implications before agreeing to a clean break order.

Understanding the potential risks and limitations is essential for anyone considering a clean break order. It is important to seek specialist legal advice to ensure that a clean break order is the right solution for your situation.

Clean break orders and high-net-worth divorces

In high-net-worth divorces, achieving a clean break order requires particular care due to complex assets, business interests and investments. For individuals with significant wealth, a clean break order can offer valuable protection against future financial claims.

However, securing a clean break order in these cases often involves detailed financial disclosure and expert valuations. The court carefully examines the fairness of the clean break order, especially when substantial property, pensions, or business assets are involved.

High-net-worth individuals should be aware that a clean break order might not cover every financial interest immediately. Sometimes, courts grant a deferred clean break order to allow for the orderly division of complicated assets over time.

Moreover, legal advice is crucial to draft a clean break order that reflects all interests accurately. Without careful planning, parties risk leaving gaps that could lead to future disputes around the clean break order.

Ultimately, a properly structured clean break order in high-net-worth divorces provides clarity and financial certainty for both parties, enabling them to move forward independently.

Mediation and reaching a financial settlement with a clean break order

Mediation plays an important role in reaching agreements that include a clean break order. Through mediation, divorcing couples can negotiate financial arrangements collaboratively, often leading to faster and less confrontational resolutions.

Using mediation to agree on a clean break order allows both parties to have input and control over the outcome, rather than leaving decisions solely to the court. Mediation can often save time, reduce costs and improve communication, which helps in drafting a mutually acceptable clean break order.

Once a financial agreement is reached through mediation, it can be formalised by submitting a consent order to the court that includes the terms of the clean break order. This process ensures the clean break order is legally binding and enforceable.

However, even with mediation, it is essential to seek expert legal advice to understand the implications of a clean break order and ensure your rights are protected.

In summary, mediation can be a valuable step towards securing a fair and lasting clean break order.

Legal support and finalising your clean break order

Securing a clean break order requires careful legal guidance to ensure the agreement is comprehensive and enforceable. Solicitors play a vital role in preparing the necessary documentation, advising on your rights and representing your interests in court when a clean break order is involved.

A clean break order must be carefully drafted to cover all financial aspects, including property division, pensions and future claims. Specialist family lawyers will ensure that the clean break order accurately reflects the agreed terms and complies with court requirements.

According to The Law Society, having expert advice reduces the risk of challenges to a clean break order and can help to prevent costly disputes later on. Legal advice is particularly important when assets are complex or when negotiations are difficult.

Once the court approves the clean break order, it becomes legally binding, providing certainty and closure. Without proper legal advice, mistakes in the clean break order could leave you vulnerable to future financial claims.

In conclusion, working with a solicitor to finalise your clean break order is crucial to safeguarding your financial future after divorce.

If you are considering a clean break order to protect your financial interests, expert legal advice is essential. At Austin Kemp, we understand the importance of securing a fair and lasting clean break order tailored to your circumstances. Our experienced team can guide you through every step, ensuring your clean break order provides the financial clarity and protection you need. Do not leave your future to chance. Contact Austin Kemp today to discuss how a clean break order can help you to move forward confidently after divorce.

How can our expert divorce solicitors help you?

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Contact our expert divorce solicitors for advice

For more information call our divorce solicitors on 0845 862 5001 or email mail@austinkemp.co.uk.

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• No-fault divorce UK – Guide
• What is a financial order in a divorce?
• Forensic accounting in divorce
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• What is the divorce process?
• When is decree absolute granted in a divorce?
• Limited companies and divorce
• How to Protect Your Assets When Divorcing in the UK
• Financial Agreement Divorce: How to Ensure a Fair Settlement
• High Net Worth Divorce Solicitors: Protecting Your Assets During Divorce
• Fair Divorce Settlement Examples for High Net Worth Individuals
• Forensic accountancy in divorce

For further information

Useful websites

• https://www.gov.uk/apply-for-divorce
• https://www.gov.uk/government/publications/form-d8-application-for-a-divorce-dissolution-or-to-apply-for-a-judicial-separation-order
• https://www.advicenow.org.uk/
• https://www.advicenow.org.uk/guides/survival-guide-pensions-divorce
• https://en.wikipedia.org/wiki/United_Kingdom