What is a Clean Break Order and Do You Need One?

A clean break order is a type of Financial Order which can be filed by divorcing couples. Following a marriage or civil partnership, a clean break order removes any financial ties between the two parties. This means they can permanently settle their assets and financially separate completely.

There are many different potential financial outcomes that can be resolved by entering into a consent order as part of the divorce proceedings. However, a clean break order is the only settlement that prevents any financial claims after the divorce.

Without a clean break order, either party retains the right to pursue financial claims against the other, regardless of how many years have passed since the marriage ended.

It is important to be aware of the fact that whilst a final order of divorce brings the marriage to a close, it does not bring an end to the financial claims that each party may have against the other.

What is a clean break order?

A clean break order means that the parties’ financial ties are severed and that neither party shall be able to make any further claims in relation to the marriage. Any ‘consent’ order (made by agreement between the parties) needs to be approved by the family law court and it must attain the requirement of being ‘fair’ to both parties. Whether the consent order is fair is ultimately for a judge to assess.

There can sometimes be a claim for periodical payments orders (also known as spousal maintenance), and if periodical payments are needed, then these can sometimes be dealt with as a ‘capitalised lump sum’ so that rather than ongoing maintenance, there is a clean break on maintenance. This ensures that there are no ongoing financial obligations from either side.

Although a clean break order ends financial ties between the two divorcing partners, it does not affect child maintenance payments. Both parents are still obligated to financially support their child, although a ‘consent’ order can specify the level of child maintenance, although after a year from the date of the order, the parties can revert to the child maintenance service.

Do you need a divorce clean break order?

The court only has power to make a clean break order once divorce proceedings have been issued. The order will not be enforceable until the final divorce order is obtained.

The court will always want the parties to achieve a Clean Break if at all possible. A ‘Consent’ Order can be made following agreement between the parties as to the settlement. However, within the court process, if the parties cannot ‘agree’ how to resolve their finances, then the court can ultimately impose an order upon them following a Final Hearing.

Once the court approves the Financial Order, no one can make future claims on either party’s assets or finances if a full clean break has been provided for. This includes any income, capital, or pension increases – even if one partner wins the lottery.

Clean break orders can give peace of mind and help you to cut ties with an ex-spouse. But they are not applicable for every case. To learn if a clean break is right for you, seek legal advice from one of DFA Law’s family law professionals. Call our team on 01604 609560 or email us at info@dfalaw.co.uk.