Clean Break Financial Orders: A Complete Guide
A clean break order permanently severs all financial ties on divorce. Without one, your ex-spouse can make financial claims against you indefinitely — even decades later.
We explain what a clean break order is, how to obtain one, the benefits, common misconceptions, and when a clean break may not be possible.
What is a Clean Break Financial Order?
A clean break order is a court order that permanently ends all financial claims between divorcing spouses. Once made, neither party can make any financial claim against the other — regardless of how their circumstances change in the future.
A clean break is usually contained within a consent order — a broader financial settlement order that deals with the division of assets, property and pensions, and then closes all future claims with a clean break provision.
The clean break principle is recognised in the Matrimonial Causes Act 1973, which requires courts to consider whether a clean break is appropriate in every financial remedy case. Courts are encouraged to achieve financial independence between the parties where possible.
Important: Divorce does not create a clean break
Getting divorced does not end financial claims. Without a court-approved clean break order, either party can make financial claims against the other indefinitely — including against future inheritances, business growth and pension increases.
Certainty and finality
A clean break order severs all financial ties permanently. Neither party can make financial claims against the other in the future — no matter how circumstances change.
Protection from future claims
Without a clean break, your ex-spouse could claim against future assets — including inheritances, business growth, lottery wins or pension increases. A clean break closes this door permanently.
Freedom to move forward
Both parties can rebuild their financial lives independently, knowing their ex-spouse has no claim on future earnings, assets or wealth.
Court-approved protection
A clean break order is approved by a judge who checks it is fair to both parties. This court approval gives it legal force that an informal agreement cannot provide.
Steps to Achieve a Clean Break Order
Obtaining a clean break order is a straightforward process where both parties agree. Here is how it works.
Agree the financial settlement
Both parties agree on how assets, property and pensions will be divided. This may involve negotiation, mediation or solicitor-led discussions. The clean break is the mechanism that makes the agreement final.
Draft the consent order
Your solicitor drafts the consent order — a formal legal document setting out the agreed financial settlement and the clean break provision. Both parties must sign a statement of information (Form D81) confirming their financial positions.
Submit to the court
The consent order is submitted to the Family Court for approval. A judge reviews it to ensure it is fair to both parties. The court fee for a consent order is currently £53.
Court approval
Once approved, the consent order is sealed by the court and becomes legally binding. The clean break takes effect from the date of the final order of divorce.
Common Misconceptions About Clean Break Orders
Myth: Divorce automatically creates a clean break
Divorce ends the marriage — it does not end financial claims. Without a consent order containing a clean break provision, either party can make financial claims indefinitely. We have seen claims made decades after divorce.
Myth: A clean break is always possible
A clean break is not always achievable. Where one party has significantly lower earning capacity, health problems, or there are young children, the court may require ongoing maintenance payments. We advise on whether a clean break is realistic in your circumstances.
Myth: An informal agreement is enough
An informal agreement — even in writing — is not legally binding and offers no protection. Only a court-approved consent order achieves a true clean break. We have seen informal agreements challenged years later.
Myth: Clean break orders are expensive
A consent order with a clean break provision typically costs from £500–£800 plus VAT in solicitor fees, plus a £53 court fee. This is a small cost compared to the potential value of future claims it prevents.
Myth: You can get a clean break after the divorce is finalised
You can apply for a financial order at any time after divorce, but the longer you wait, the more complex and expensive it becomes. We strongly recommend dealing with finances before or at the same time as the divorce.
Your Family Law Specialist
Martin Dias
Family Law Executive
Martin brings almost 30 years of specialist family law experience to every case — divorce, separation, financial settlements and children matters. Clients value his straight-talking honesty, patience, and genuine emotional support throughout what is often a very difficult time.
Frequently Asked Questions
What is a clean break order?
How much does a clean break order cost?
Can I get a clean break if my spouse refuses?
Does a clean break cover pensions?
What happens if we have children — can we still get a clean break?
Can a clean break order be set aside?
Related Guides
Consent Orders Guide
How to obtain a consent order in the UK — the legal framework explained.
Amicable Divorce Costs
Full cost breakdown for mutual agreement divorces.
Spousal Maintenance Guide
Rights, responsibilities and how maintenance is calculated.
Financial Settlements
How assets, pensions and property are divided on divorce.
Pension Sharing on Divorce
Pension sharing orders, offsetting and earmarking explained.
Divorce Process
Step-by-step guide to the no-fault divorce process.
Funding Your Legal Fees
Own a property? You may not need savings to fund your case.
If you jointly own the matrimonial home, a Sears Tooth agreement allows us to secure our fees against your share of the property — meaning no upfront payment is required. Fees are deducted when the property is sold or transferred. This option is particularly suited to non-working spouses or those with limited income.
Explore all funding optionsWe do not accept legal aid cases. PDA Law is a private client practice. All family law matters are funded privately — through direct fees, payment plans, or a Sears Tooth agreement where applicable.
Client Testimonials
What Our Clients Say
“Martin and the team at PDA Law made an incredibly difficult time much more manageable. Their advice was always clear, compassionate, and practical. I felt fully supported throughout.”
Rebecca H.
Family law client, Chester
* Names changed to protect client confidentiality. Testimonials reflect genuine client experiences.
Get Advice on Clean Break Orders
Speak to Martin Dias — specialist family law solicitor with almost 30 years' experience.