When relationships break down, the legal and financial consequences can be both emotionally draining and financially complex. In England and Wales, divorce or the dissolution of a civil partnership does not automatically sever financial ties between the parties. This is where a clean break order can play a vital role. If you’re looking for a way to move on without lingering financial obligations to your former partner, understanding the advantages of a clean break order is essential.
This article explores the concept in depth, offering guidance on what is a clean break order, how to get a clean break order, and answering key questions like do I need a clean break order if I remarry.
If you have need help with your divorce and you feel you need legal advice, contact specialist family solicitor Mark Heptinstall of Slater Heelis Solicitors. He is recognised as a ‘Leading Individual’ in The Legal 500 and ranked in Chambers UK, and is described as having “the amazing ability to bring calm into troubled waters”.
What is a clean break order?
A clean break order is a type of financial court order that is commonly issued during divorce proceedings. It legally severs the financial ties between spouses or civil partners once their marriage or partnership ends. In effect, once the court has granted a clean break order, neither party can make any future financial claims against the other.
This means no future claims for income, pensions, property, or inheritance. It is essentially a full and final financial settlement, enabling both individuals to move on with their lives independently and without financial entanglements.
Why is a clean break order necessary?
You might wonder, if you’ve already divided assets amicably, why bother with a court order? The truth is that until a court formally records the financial settlement; the door remains open for either party to make a financial claim—even years after the divorce is finalised.
Without a clean break order, your ex-spouse could:
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Make a future claim on your property or savings
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Demand spousal maintenance later in life
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Seek a share in any financial windfalls (like lottery winnings or inheritances)
Therefore, formalising your financial separation offers long-term protection and peace of mind.
Key legal case: Why delaying can cost you
The importance of a clean break order was brought into sharp focus in the 2015 Supreme Court case of Wyatt v Vince. Despite divorcing over 20 years prior, Kathleen Wyatt could pursue a financial claim against her ex-husband Dale Vince, who had become a millionaire years after the divorce.
The lack of a clean break order left Vince vulnerable to legal claims long after the relationship ended. The case is a sobering reminder of the value of securing finality in financial matters while you are going through the divorce.
Top 5 advantages of a clean break order
The key advantages of a clean break order highlighting why it should be a serious consideration in most divorces include, but are not limited to:
- Finality and certainty: One of the most significant advantages of a clean break order is that it provides legal closure. Both parties know exactly where they stand and can plan for the future without fear of future financial disputes.
- No future claims: With a clean break in place, your ex cannot seek further financial support or a share of any assets acquired after the divorce. This includes future property, business profits, pension growth, or an inheritance.
- Simplicity and reduced conflict: Ending ongoing financial ties can reduce the likelihood of post-divorce conflict. A one-time agreement is often much simpler and less emotionally taxing than ongoing arrangements such as spousal maintenance.
- Protection against changing circumstances: If your financial situation improves significantly in the future—perhaps through a successful career, investment, or remarriage—you are protected from further claims, thanks to the clean break.
- Financial independence: Both parties gain the freedom to rebuild their lives and finances independently, without being tied to the other person’s financial wellbeing. This is especially beneficial if either party intends to remarry or enter a new relationship.
Subtle but powerful: The hidden advantages of a clean break order
Beyond the obvious benefits, there are additional advantages of a clean break order that are often overlooked:
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Privacy: Since the financial settlement is private and agreed upon, there is less likelihood of sensitive financial information becoming public through future court proceedings.
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No need for spousal maintenance negotiation: In most cases, ongoing maintenance isn’t needed or expected, removing a significant area of potential conflict.
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Cost-effective in the long run: While obtaining a court order has an upfront cost, it is generally more affordable than litigating future claims.
Do I need a clean break order if I remarry?
If you remarry before finalising a financial order from your previous marriage, you could lose the right to apply for certain financial provisions, such as maintenance or lump sum payments. This legal limitation is known as the “remarriage trap.”
To avoid this, ensure a clean break order is agreed and approved by the court before tying the knot again. This not only protects your finances but also avoids complications in your new relationship.
How to get a clean break order
Wondering how to get a clean break order? The process involves a few key steps:
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Agree financial terms: First, both parties must agree on how to divide assets and finances. This includes property, savings, debts, and pensions.
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Draft a consent order: A solicitor will draft the financial agreement in the form of a “consent order.” This outlines the agreed terms and confirms the clean break.
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Submit to court for approval: Both parties must sign the consent order and submit it to the family court for approval. If the judge agrees that the settlement is fair, they will approve it and make it legally binding.
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Enforceability: Once approved, the clean break order is legally binding.
Can I get a Clean Break Order without legal advice?
While it is technically possible to apply for a clean break order without legal advice, it is not recommended. A solicitor can ensure the financial agreement is fair and meets legal requirements. If you have reached your own agreement and the court deems it unfair or one-sided, they may reject the order, so using a solicitor ensures this does not happen.
Legal advice is especially important in more complex cases involving pensions, business assets, or significant financial disparity between spouses.
Is a Clean Break Order suitable for everyone?
Not always. Some situations may not allow for a complete financial severance. For example:
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Where one party needs ongoing spousal maintenance
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Where the couple owns property together and can’t yet sell or divide it
In these cases, a clean break may not be appropriate immediately but could be considered once certain financial or personal circumstances change.
Ultimately, the advantages of a clean break order far outweigh any initial effort involved. It provides peace of mind, ensures legal protection, and allows both parties to move forward without future financial entanglements.
Whether you’re currently going through a divorce or already divorced but haven’t finalised your finances, now is the time to act. Consult a family law solicitor to find out how to get a clean break order that works for your unique situation.
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