When a marriage or civil partnership comes to an end, one of the most important aspects to consider is the financial settlement between the two parties. Divorce or dissolution is more than just the end of a personal relationship; it is also the legal severance of financial ties. While some separating couples prefer ongoing financial arrangements, others seek a definitive conclusion to their financial obligations. This is where clean break orders come into play.
In this guide, we will explore what a clean break order is, how it works, who it is suitable for, and why it might be the right solution for many individuals undergoing divorce or dissolution proceedings.
If you require specialist legal advice or assistance relating to clean break orders, get in touch with one of our experienced family law solicitors by calling 0800 086 2929, emailing info@elitelawsolicitors.co.uk or by completing our Free Online Enquiry Form.
What is a Clean Break Order?
A clean break order is a type of financial court order that formally and permanently ends any financial ties between two individuals following a divorce or civil partnership dissolution. Once the order is granted by the court, neither party can make future financial claims against the other, including claims for income, property, pensions, or inheritance.
Without a clean break order, even after a divorce has been finalised, one party can make a financial claim against the other years, even decades, later. A clean break order eliminates this risk, providing peace of mind and financial certainty. It is for this reason that clean break orders can be so useful for divorces and separations, as they essentially strengthen the separation from a legal perspective.
Why are Clean Break Orders important?
Many people believe that once they receive their final order, they are financially free of their ex-spouse. However, in the absence of a financial order approved by the court, financial ties can remain. This means that either party could apply for a financial remedy at any time in the future, unless they have remarried.
A clean break order ensures that all financial matters are resolved and that no future claims can be made. It is particularly important in cases where:
- One or both parties may expect to come into future wealth or assets, such as an inheritance or business earnings.
- There is a significant disparity in financial circumstances or earning potential.
- The parties wish to move forward with their lives independently and without financial entanglements.
How do Clean Break Orders work?
A clean break order can be obtained as part of the financial proceedings during a divorce or civil partnership dissolution. It requires the court’s approval to become legally binding. While it is possible to make an application to the court directly, most individuals choose to seek legal advice to ensure that the order is fair and appropriate for their circumstances. The process typically involves the following steps:
Financial disclosure
Before a clean break order is granted, both parties must provide full and frank financial disclosure. This involves sharing details of all assets, income, pensions, debts, and liabilities. This transparency allows for a fair assessment and ensures that neither party is disadvantaged following the separation.
Reaching an agreement
If both parties are able to agree on the financial settlement, a solicitor can draft a consent order that reflects this agreement. The clean break clause will form part of this order. If an agreement cannot be reached, the court may need to decide how assets should be divided.
Court approval
The drafted order is submitted to the court for approval. A judge will review the agreement to ensure that it is fair and reasonable, particularly if there are children or a significant disparity in income or assets. Once approved, the clean break order becomes legally binding.
How much does a Clean Break Order cost?
If you instruct a qualified family lawyer to prepare clean break order, the total cost will depend on the complexity of your financial arrangements. The legal fees can range from £1,000 to £3,000 plus, but ultimately this will depend on length and complexity. If you would like a bespoke quote tailored to your specific circumstances, contact us confidentially by calling 0800 086 2929, emailing info@elitelawsolicitors.co.uk or completing our Free Online Enquiry Form and book a free initial consultation with an experienced family lawyer.
Types of Clean Break Orders after divorce
When it comes to using a clean break order, you will need to consider which type best suits your circumstances. There are two main types of clean break orders for you to choose from, which include:
Immediate clean break
An immediate clean break order terminates all financial obligations between the parties at the time of divorce or dissolution. This includes spousal maintenance. This type of order is suitable where neither party is financially dependent on the other and there is no need for ongoing support.
Deferred clean break
In some cases, an immediate clean break may not be appropriate. For example, if one party requires temporary financial support before becoming self-sufficient, then an immediate clean break could be problematic. A deferred clean break order allows for spousal maintenance to be paid for a fixed period. Once that period ends, all financial claims are terminated.
It is important to note that a clean break order cannot override financial obligations for child maintenance, which are dealt with separately through the Child Maintenance Service or by private arrangement.
Who can apply for a Clean Break Order?
Any individual going through a divorce or dissolution can apply for a clean break order. It is available whether or not there are significant assets to divide. Even if there are no assets currently, it is still advisable to obtain a clean break order to prevent future claims, particularly if one party expects to acquire wealth in the future.
Understanding the importance of a clean break order can be made a little easier with real-world context. Some common situations where a clean break order is especially beneficial include:
- Young couples with no children and modest or no assets.
- Individuals with business interests or expected future earnings.
- Those who wish to protect an inheritance or pension entitlement.
- Parties who have already divided their assets informally and wish to formalise the arrangement.
Advantages of Clean Break Orders
The main advantage of a clean break order is the certainty and finality it provides. By establishing a clean break order, there is no risk of either party seeking financial claims in the future. Other key benefits include:
- Peace of mind: Knowing that no further financial claims can be made provides emotional closure and allows individuals to move on with their lives.
- Future protection: It protects any future earnings, inheritances, or assets acquired after the divorce.
- Cost efficiency: By preventing future disputes, a clean break order can save time, stress, and legal fees in the long term.
- Simplicity: It provides a clear and enforceable resolution to financial matters, reducing the likelihood of future litigation.
Disadvantages of Clean Break Orders
While clean break orders are beneficial for many, they are not suitable for all situations. Some potential disadvantages to consider with clean break orders include:
- Inappropriate for financial dependence: Where one party is financially dependent on the other (due to age, disability, or time out of the workforce), a clean break may not be fair or feasible.
- Limited flexibility: Once a clean break order is granted, it is extremely difficult to change or reverse it. This lack of flexibility can be problematic if circumstances change dramatically.
- Does not cover child maintenance: Clean break orders do not include arrangements for child support, which must be handled separately.
Can a Clean Break Order be overturned?
In most cases, once a clean break order has been approved by the court, it is final and binding. However, there are very limited circumstances in which an order might be overturned. These can include:
- Non-disclosure: If one party fails to disclose relevant financial information, the order may be challenged.
- Fraud or misrepresentation: If the order was obtained through deceit or dishonest representation, the court may reconsider.
- Significant change in circumstances: In rare cases, a dramatic and unforeseeable change, such as a terminal illness or catastrophic loss, may provide grounds for revisiting the order.
It is important to note that such challenges are rare, and the court is generally reluctant to interfere with a clean break order once it has been made.
How Elite Law Solicitors can help
How Elite Law Solicitors can helpAt Elite Law Solicitors, we understand that working through the financial aspects of a divorce or dissolution can be complex and emotionally taxing. Our experienced family law team provides expert guidance on clean break orders and all other financial matters related to separation. We can assist with all aspects of a clean order break, including:
- Advising on the suitability of a clean break order for your specific circumstances.
- Negotiating fair financial settlements with your former partner.
- Drafting and submitting consent orders to the court.
- Ensuring full financial disclosure is made by both parties.
- Protecting your interests and future financial security.
Whether you are seeking a simple resolution or require support with more complex financial arrangements, we are here to provide clear, practical, and compassionate advice every step of the way.
If you are considering divorce or dissolution and want to ensure your financial future is secure, contact Elite Law Solicitors today. Our expert team is ready to guide you through the process with professionalism, empathy, and a commitment to achieving the best possible outcome for you. Simply call 0800 086 2929, email info@elitelawsolicitors.co.uk or complete our Free Online Enquiry Form.
The content of this article is for general information only. The information in this article is not legal or professional advice. If you require legal or professional advice you should obtain independent expert advice from qualified divorce solicitors such as those within our firm.
