What is a Clean Break Financial Order?
What is a Clean Break Financial Order?
A Clean Break Financial Order is a court order made during divorce that ends the financial ties between you and your former spouse. Once it is in place, neither of you can come back in the future to make further financial claims against the other.
It is based on section 25 of the Matrimonial Causes Act 1973, which says the court must consider whether it is fair and reasonable to end financial obligations as soon as possible.
In simple terms, a clean break order gives both people certainty. You know that what has been ordered (ordered by consent or determined by the court) is final. There is no risk of a surprise financial claim years later if one of you becomes more successful or receives an inheritance.
When deciding whether to approve a clean break, the court looks at the section 25 factors under the Act. These include:
- Each person’s income, earning capacity and mortgage capacity
- Assets available to the parties
- Financial needs and responsibilities
- The standard of living during the marriage
- Age and length of the marriage
- Any physical or mental health issues
The court will only approve a clean break if it is fair and does not cause undue hardship.
Clean break vs consent order: what’s the difference?
A consent order is a financial agreement that you and your ex- spouse ask the court to approve as part of the divorce process. It can cover:
- Property transfers and orders in relation to any properties
- Lump sums
- Pension sharing
- Spousal maintenance
- Child maintenance, including university fees and gap year fees in certain circumstances
A clean break order is about ending future financial claims between former spouses.
In practice, a clean break order is often included within a consent order. So, the consent order sets out who gets what financially, and the clean break clause confirms that once those terms are carried out, neither of you can make further claims.
If there is ongoing spousal maintenance, then you do not have an immediate clean break. The court may instead order maintenance for a limited term, with the aim of achieving a clean break later.
Why people get caught out
Many people assume that once they are divorced, financial ties are automatically ended by the divorce. That is not correct.
If you do not have a financial order dismissing future claims, such as a clean break order, and only have a final divorce order, your ex-spouse could potentially bring a claim years later, even after:
- You have built up a successful business
- You have inherited money
- You have won the lottery
- You have remarried (in some situations, remarriage affects claims, but not always in the way people expect)
Without a clean break order, financial claims technically remain open.
This is why dealing with finances properly at the time of divorce is so important. It provides certainty and protects your future.
When a clean break order is appropriate (and when it isn’t)
A clean break order is often appropriate where:
- The marriage was relatively short
- There are no dependent children
- Both parties are working and financially independent
- There are enough assets to meet both parties’ needs without ongoing support
However, a clean break order may not be suitable where:
- One spouse has limited earning capacity e.g. health issues affecting their ability to work
- There has been a long marriage with traditional roles
- There are young children requiring ongoing care
Under section 25 of the Matrimonial Causes Act 1973, the court must prioritise fairness and needs. A clean break cannot be imposed if it would leave one party facing real financial hardship. Some adjustment and tightening of budgets is acceptable and somewhat expected, but “undue hardship” is not.
How to get a clean break order (step-by-step)
- Full financial disclosure: both parties exchange detailed information about income, assets, pensions and liabilities.
- Negotiate an agreement: this can be done directly, through solicitors, mediation, or another form of dispute resolution.
- Draft a consent order: the agreement is put into a formal legal document, including clean break wording to dismiss future claims.
- Submit to the court: the court reviews the agreement and considers whether it is fair under the section 25 factors.
- Court approval: if the judge is satisfied, the clean break order is sealed and becomes legally binding.
Without court approval, an agreement is not legally binding and does not prevent future claims.
What about spousal maintenance?
Spousal maintenance (regular payments from one ex-spouse to the other) can delay or prevent a clean break order.
The court must consider whether maintenance can:
- Be avoided altogether (immediate clean break), or
- Be limited to a fixed term to allow adjustment to independence.
The person asking for ongoing maintenance must show why a clean break order would cause undue hardship. The court often expects the receiving party to move towards financial independence where possible.
Sometimes the court orders a non-extendable term. This means maintenance will end on a set date and cannot be extended, creating a deferred clean break.
Common mistakes to avoid
Common mistakes to avoid include the following:
- Not getting a financial order at all: divorce alone does not end financial claims.
- Thinking informal agreements are enough: only a court-approved order is legally binding.
- Ignoring pensions: pensions can be valuable assets and must be considered under section 25.
- Overlooking future needs: settlements must be realistic and sustainable.
- Failing to consider children’s needs properly: the welfare of children is the court’s first consideration.
Careful planning at the outset avoids expensive disputes later.
How a solicitor can help
A solicitor ensures:
- Full and proper financial disclosure
- That your settlement reflects the section 25 factors
- That your future claims are properly dismissed through the clean break order
- That the clean break order is drafted correctly and enforceable
They can also advise you on whether a clean break is realistic in your circumstances, or whether maintenance (for a limited period) is necessary.
Most importantly, a solicitor helps protect your long-term financial security, not just the immediate settlement.
If you would like tailored advice about whether a clean break order is appropriate in your case, it is sensible to seek advice early so you can move forward with clarity and confidence.
