Clean Break Orders in Divorce

A clean break order is the Family Court’s mechanism for bringing an ex-spouse’s or ex-civil partner’s future financial claims to a permanent close after divorce or dissolution.

What is a clean break order?

At the end of a marriage or civil partnership, each person retains the right to apply to the court for a share of the other’s property, savings, income, pensions, or business interests. A clean break order dismisses those rights once and for all. It may stand alone, where neither party is to receive anything further, or it may follow a lump-sum payment, property transfer, or pension-sharing arrangement that achieves a fair distribution before ties are cut.

When is a clean break order appropriate?

Judges must weigh fairness and needs when deciding whether to impose a clean break. Typical situations where it is suitable include:

Equal or near-equal earning capacity – both parties have secure employment or established businesses that cover their own outgoings.
Sufficient capital – the sale or transfer of property, savings, or pension funds can address immediate housing and income needs without ongoing support.
Short to medium-term marriages – where one partner has not sacrificed a career for childcare, or the parties have remained economically independent.
Desire for swift closure – both individuals want to avoid future disputes and to make fresh financial plans, such as purchasing a new home or remortgaging.
Planned remarriage or cohabitation – maintenance usually ends if the recipient remarries; a clean break formalises the end point and secures prompt independence.

Conversely, clean breaks can be inappropriate where one party’s long-term needs remain unmet, for example after a very long marriage where one spouse spent decades out of the workplace raising children. Judges focus on fairness, not moral deserts, and they will refuse a clean break if it would leave either person unable to meet basic needs.

Advantages of a clean break agreement

Financial finality – Once sealed, neither person can re-open claims for more assets or income (save in the exceptional circumstances outlined later). This offers reassuring certainty when making future decisions such as investing, taking on a mortgage, or planning retirement.
Simplicity and reduced conflict – A one-off settlement avoids years of maintenance payments and the risk of enforcement proceedings. There is no need for annual disclosure, updates, or renegotiation.
Privacy and security – Individuals are free to grow wealth or receive inheritances without fearing that an ex-spouse might seek a share decades later.

Potential risks

No safety net – If the weaker party’s circumstances deteriorate dramatically (through illness, redundancy, or misfortune), the order prevents any application for extra support.
Reliance on accurate disclosure – A clean break is safe only if both parties provide complete and honest information at the time of negotiation. Concealment of assets can leave one side under-provided.
Possibility of under-settlement – In an effort to achieve closure, the non-earning spouse may accept too small a lump sum, especially if future needs are hard to predict (for instance, long-term accommodation or pension shortfalls). Careful legal and financial advice is essential.

How to get a clean break order?

Initial consultation with a family solicitor. Before any paperwork is exchanged, each spouse should take bespoke advice from a qualified family solicitor. An early consultation clarifies legal rights and obligations, highlights realistic settlement parameters, and equips both parties to negotiate on an informed—and therefore fairer—basis. Good advice at the outset often prevents costly mis-steps later in the process.
Full and frank disclosure. Each party completes a detailed Form E (or, in straightforward cases, a simplified statement of information) setting out income, expenditure, capital resources, liabilities, and pensions and supplies supporting documents such as bank statements, payslips, and property valuations. Without thorough disclosure, a judge will not approve the settlement.
Negotiation or alternative dispute resolution. Solicitors, or mediators help the couple explore settlement options. They consider housing, income, pension provision, and the welfare of any children. Where agreement proves elusive, an application for financial remedy can be issued, but settlement is encouraged at each procedural milestone.
Drafting the consent order. Once figures are agreed, lawyers draft a consent order recording the transfers, payments, and pension adjustments. Crucially, the document includes clauses dismissing all future income and capital claims (“the clean break”) to take effect either immediately or once stated obligations—such as payment of a lump sum—are completed.
Submission to the Family Court. The order, together with a short Form D81 summarising both parties’ finances, is sent to the court. No court appearance is necessary unless the judge requires clarification.
Judicial scrutiny and sealing. The judge assesses fairness, proportionality, and compliance with statutory factors (needs, contributions, standard of living, any disability, and the welfare of children). If satisfied, the judge “seals” the document, meaning it becomes a binding court order enforceable like any other financial remedy.

Clean breaks and child maintenance

A clean break does not prevent claims for the financial support of children. Parents can include voluntary arrangements in a consent order, but either may later ask the Child Maintenance Service to calculate a statutory sum if circumstances change. Spousal maintenance, however, ends permanently once the clean break takes effect.

How long does a clean break order take?

Where the parties have already reached agreement and full financial disclosure is complete, the timetable is comparatively short. After the conditional order (formerly the decree nisi) in the divorce has been pronounced, solicitors can lodge the draft consent order straightaway. In many courts the paperwork is processed on the papers within four to eight weeks.

How can Sterling Law assist?

Drafting a robust clean break requires legal precision, strategic negotiation, and vigilant disclosure. Our family department offers:

Specialist appraisal – we review your financial position, earning capacity, and housing needs to gauge whether a clean break is viable.
Meticulous disclosure management – we assemble and scrutinise documentation to minimise the risk of hidden assets.
Skilled negotiation – decades of combined experience enable our solicitors to achieve settlements that satisfy judicial scrutiny while protecting your future.
Clear documentation – we draft orders geared for first-time approval, accelerating closure and saving costs.

If you wish to draw a definitive line under financial ties with an ex-partner, contact Sterling Law for a confidential consultation. We will guide you through every stage, from initial disclosure to the court seal, ensuring your settlement is fair, thorough, and future-proof.