A Clean Break Order is a type of financial consent order that is used by individuals who have agreed to cut all financial ties between one another after divorce, meaning that neither can claim the other’s money, property or any assets in the future. You may need a Clean Break Order if you and your ex-spouse want to move forward and become financially independent of one another. This may be the case, for example, if you do not have children together and you want to move forward in the knowledge that you are no longer financially tied to your former spouse.
You can get a Clean Break Order once you have a Conditional Order for a divorce (or decree nisi), which is the first stage of the divorce process. It is possible to obtain a clean break order even after the decree absolute has been issued, but the process may become more complicated and subject to stricter conditions. Therefore, consulting a divorce lawyer and seeking legal representation is advisable if you wish to pursue a Clean Break Order after divorce.
We are often asked to explain the difference between a consent order and a Clean Break Order; a Clean Break Order is actually a type of consent order. A consent order refers to a legal document that confirms an agreement on a particular matter. A Clean Break Order is a specific type of consent order that is used to sever the financial relationship between divorcing parties.
Types of clean break
There are two main types of Clean Break order:
- Immediate clean break
- Deferred clean break
Immediate clean break
With an immediate clean break, all financial commitments are immediately severed. As such, any claims by one party on the other for pensions, spousal maintenance, lump sums, and property will be immediately dismissed by the courts. This is typically used for younger individuals who have not been married for decades and have no children together. It is also possible to have an immediate clean break by paying any maintenance payments owed upfront, thereby severing any future financial obligations.
Deferred clean break
A deferred Clean Break Order can stipulate that at some defined point in the future, the parties will no longer have financial commitments to one another. This point in the future may be, for example, a number of years in the future when the financially less well-off individual has had the chance to reach a position of financial independence or perhaps when the child from the relationship has reached the age of 18.
How to apply for a Clean Break Order
To get a Clean Break Order, it is recommended to engage a family law solicitor who can draft a financial remedy consent order for an immediate clean break or deferred clean break. Once this has been drafted, the order must be approved by the court. Here is a general process of the Clean Order application:
- Both parties complete Form D81, which provides information about their financial situation to support the application for a consent order.
- Draft a Clean Break Order.
- Have the draft order signed by both parties.
- One party needs to complete Form A, which gives notice of the intention to proceed with an application for a financial order. This form is sent to the court to request approval of the Clean Break Order.
- Pay the court fee of £53
- Submit the completed paperwork to the appropriate court or the HMCTS Financial Remedy Service.
This revised version Your Clean Break Order will be legally binding once it has been approved by the court and you have received your Final Order.
Advantages and disadvantages of a clean break order
Advantages of Clean Break Orders:
- Financial certainty – Clean Break Orders give both parties both financial and emotional closure, allowing them to confidently move forward with their lives.
- Avoids future claims – Neither party can make a future financial claim on the money, business, property, or pension of the other.
- Independence – Allows both parties to enter new relationships or remarry without any ongoing financial obligations.
- Reduced legal costs – A clean break removes the possibility of protracted and costly legal proceedings in the future.
Disadvantages of Clean Break Orders:
- Inflexibility – Once a Clean Break Order has been finalised, it is extremely difficult to change or undo, for example, if the financial situation of one party changes suddenly and they need financial support.
- Potential for unfairness – There is a risk that one party may view the Clean Break Order as being unfair towards them if they believe that the other is concealing some of their assets.
Do both parties have to agree to a clean break order?
Yes, both parties need to agree to a Clean Break Order in order for it to be approved by the courts. That said, if your ex-wife or ex-husband does not want to agree to or sign a Clean Break Order, it is possible to ask the court to make a decision on behalf of both parties. This is a longer process as it involves making a full financial disclosure and attending court hearings where a judge will hear the matter. For this reason, if you can reach an agreement with your ex-partner without asking the courts to decide for you, the process is much faster and more straightforward.
If you are struggling to reach an agreement, consider using alternative dispute resolution methods such as mediation. A neutral expert mediator will work with both you and your ex-partner to help you reach an agreement that you can then have made legally binding by the court.
Is a clean break order the same as a financial order?
A Clean Break Order is a specific type of financial order that severs the financial ties between divorcing parties. In essence, by adding a clean break clause into a financial order, it becomes a Clean Break Order.
Do you need a clean break order if you remarry?
You will need a Clean Break Order if you plan to remarry and want to avoid your ex-spouse making a financial claim against you in the future. It is important to understand that if you remarry, you may lose your right to claim against your former spouse’s assets. But your former spouse may still be able to claim against you unless you have a Clean Break Order in place.
Does child maintenance or spouse maintenance have an impact on a clean break order?
Having a Clean Break Order in place will not stop you or your ex-partner from seeking child support through the Child Maintenance Service (CMS) because it does not end a parent’s legal obligation to pay child maintenance.
When it comes to spousal maintenance, the main aim of a Clean Break Order is to remove any obligation to make ongoing financial contributions. As such, if you need ongoing spousal support, it is unlikely that a Clean Break Order will be appropriate for your needs. One way to approach this is to agree to a lump sum payment or transfer of property in lieu of regular spousal maintenance payments. It is also important to bear in mind that spousal maintenance normally stops automatically if the receiving person gets married or passes away.
Can a clean break order be overturned?
Yes, a Clean Break Order can be overturned, but only in exceptional circumstances, such as:
- In the event of a highly significant and entirely unforeseen change in circumstances shortly after the order is issued.
- When there is evidence of error or fraud, such as a failure to disclose assets properly during the divorce settlement process.
- The order was entered into when one party lacked the capacity to understand what they were agreeing or they were placed under duress (i.e. pressured to sign the agreement).
In general, however, once a Clean Break Order has been approved by a court, it is considered that the financial relationship is permanently severed.
If you are considering overturning or changing an existing Clean Break Order, it is important to seek advice from a specialist divorce lawyer who explains the process based on your exact circumstances.
