Clean Break Orders in Divorce Financial Settlements
- Details
- Written by: Wembley Solicitors

In divorce settlements, a Clean Break Order ends all financial ties between the parties, preventing future financial claims or spousal maintenance obligations.
If you're considering divorce or have already divorced without a clean break order, our family lawyer can guide you and protect your finances.
For advice and assistance in drafting a Clean Break Order, contact our family law solicitors at 0203 417 3700, who specialises in financial agreements.
Table of Contents
- What is a clean break order?
- What does a clean break order cover?
- How financial clear break order works
- Is a clean break order the same as a financial order?
- What is the alternative to a clean break order?
- Does a clean break mean no child maintenance?
- Advantages of a clean break order
- Disadvantages of a clean break order
- When to consider a clean break order
- When to get a clean break order
- Do both parties have to sign a clean break order?
- How to obtain a clean break order
- How long does it take to get a clean break order?
- How much does a clean break order cost the UK?
- Can a judge refuse a clean break order?
- Can I change the terms of a clean break order later?
- Contact a solicitor to draft the clean break order
What is a clean break order?
A Clean Break Order is a court-approved legal financial agreement that ends all future financial obligations or ties between a divorcing couple.
A clean break order ensures that neither party can make future claims on the other’s assets, income, or pension benefits.
What does a clean break order cover?
A financial clean break order covers all financial claims between spouses, including asset division and spousal maintenance. It does not include child maintenance or future child support payments, which are separate.
How financial clear break order works
A judge considers the needs of both parties and children, fairly divides assets, and both parties agree to waive any future financial claims.
The clear break order must be signed by both divorcing partners and approved by the Court to make it legally binding.
How it works
- A judge evaluates the needs of both parties, and any children involved.
- A judge fairly divides assets between the divorcing parties.
- Both parties agree to give up any future financial claims.
- The clear break order is signed by both parties.
- The Court approves the order, making it legally binding.
Is a clean break order the same as a financial order?
No, a Clean Break Order ends future financial ties between the parties, while a Financial Order is a broader term for any court order related to the division of assets and finances after divorce.
A Clean Break Order refers to a legal agreement where both parties agree to give up any future financial claims, meaning that neither party will have any further financial obligations to the other, such as spousal maintenance.
A Financial Order is a broader term that refers to any court order related to the division of finances in a divorce or separation. It outlines how to divide the money, property and other assets after a marriage ends.
What is the alternative to a clean break order?
The alternative to a Clean Break Order is typically a Spousal Maintenance Order, where one party must make ongoing support payments to the other. It is usually for a set period or until certain conditions are met, rather than ending all financial ties.
Does a clean break mean no child maintenance?
No, a Clean Break Order does not affect child maintenance, as child maintenance is a separate legal obligation, usually based on set guidelines.
Clean Break Order ends all future financial ties between a divorcing couple. However, parents are still required to support their children financially.
Advantages of a clean break order
Here are some advantages of a Clean Break Order:
- It gives both parties financial independence.
- It stops future financial claims, including on pensions and inheritances.
- It ends spousal maintenance payments.
Disadvantages of a clean break order
Here are some potential disadvantages of a Clean Break Order:
- Requires careful negotiation to ensure fairness.
- May not work for financially weak parties or those needing ongoing support.
- Once a Clean Break Order is in place, it cannot be easily amended.
- Does not address child maintenance, which could be difficult if one party has insufficient means.
- Ending financial ties may feel emotionally difficult, especially if one party feels responsible for the other.
When to consider a clean break order
Consider a clean break order if:
- You want to end financial ties right after divorce.
- You don't want to pay or receive ongoing spousal maintenance.
- You want a lump sum to start fresh.
When to get a clean break order
Get a clean break order to ensure your ex-partner cannot make future financial claims against you.
It is usually required when both parties have agreed on the division of assets and finances and want to ensure no further claims can be made.
Do both parties have to sign a clean break order?
Yes, both must agree and sign the clean break order for the court to approve it. This makes sure both sides agree and it's fair.
How to obtain a clean break order
Here are the steps involved:
- Both parties must agree on the division of finances and assets.
- Engage a solicitor to draft a fair and legally compliant order.
- Submit the order to the family court with the necessary forms.
- Both parties agree to waive future financial claims and sign the order.
- Get the Court’s approval to make the order legally binding.
How long does it take to get a clean break order?
The Court can take several weeks to months to approve a Clean Break Order depending on the complexity of the case and the availability of the Court.
How much does a clean break order cost the UK?
The court fee to apply for a clean break order is £58 but the overall cost depends on the complexity of the case and the solicitor's fees to draft the Order.
Can a judge refuse a clean break order?
Yes, a judge can turn down the order if it's unfair or doesn't consider one party's needs or children. The court focuses on fairness and long-term financial stability.
Can I change the terms of a clean break order later?
No, once a clean break order is granted and final, its terms can't be changed unless there are extraordinary circumstances. This includes a significant change in financial situation or fraud discovery. But, changing a clean break order is hard, so ensure the terms are clear and fair from the start.
Contact a solicitor to draft the clean break order
To draft a clean break order, you can contact a family law solicitor in London at 0203 417 3700 who specialises in financial agreements and divorce settlements.
There are several ways to contact Wembley Solicitors:
- Phone - Call us on 0203 417 3700
- Email us - info@wembleysolicitors.com
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- Visit our office - 561 High Rd, Wembley London HA0 2DW
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The information provided is for general informational purposes only and should not be taken as legal advice. While we make every effort to ensure accuracy, the law may change, and the information may not reflect the most current legal developments. No warranty is given regarding the accuracy or completeness of the information, and we do not accept liability in such cases. We recommend consulting with a qualified lawyer at Moeen & Co. Solicitors before making any decisions based on the information provided on this website.