A ‘clean break divorce’ occurs when divorcing parties obtain a court order that formally ends all financial ties between each other. This means neither party can make future financial claims against the other once the divorce is finalised. The purpose of a clean break divorce is to provide certainty so both parties can move forward independently without the risk of unexpected financial claims arising years later.
Many people assume that once a divorce is finalised, all financial connections automatically end; however, this is not the case. The Final Order (previously called the Decree Absolute) only ends the marriage itself; it does not settle or prevent financial claims between the couple.
Without a clean break divorce, either party could still apply for financial provision later, even many years after the divorce. This remains true even if both parties have an informal agreement not to make future claims. To achieve true financial independence, a court order is required.
How to get a clean break divorce in the UK
To achieve a clean break divorce in England and Wales, you must apply for a financial order (a consent order) that includes a clean break clause. Once approved by the judge, this becomes a clean break order. The clean break divorce process typically involves the following steps:
Step 1 – Start divorce proceedings
You must begin the normal divorce proceedings before applying for a financial order. The court normally considers the financial order after a Conditional Order has been granted, although financial discussions can start earlier in the process.
Your divorce application can be submitted online or by post. Once the application has been checked and approved and the 20-week ‘cooling off’ period has passed, the court will grant a Conditional Order. At this stage, you can now start to formalise your divorce financial arrangements.
Step 2 – Agree on your finances
After starting proceedings, you can discuss and agree on how to divide assets such as property, savings, pensions, and investments. This process requires each party to fully disclose its financial assets. Even if there is little or nothing to divide, a clean break order is still advisable to prevent future claims. This is especially common where the marriage was short, finances were kept separate, or assets are minimal.
If your ex-partner does not agree on how your assets should be divided, you can use mediation or, if necessary, apply to the court for a financial order. The court will then decide a fair financial settlement under section 25 of the Matrimonial Causes Act 1973, considering factors such as earning capacity, needs, and the welfare of any children. Judges generally favour a clean break where it is practical, just, and fair to both parties.
Step 3 – Draft and submit a Consent Order to the court
A divorce financial settlement Consent Order is a legally binding document setting out your financial agreement. It must detail how assets will be divided, any maintenance provisions, and how pensions are to be treated. To achieve a full clean break, it is important to include a clearly drafted clause dismissing all current and future financial claims (other than for child maintenance via the Child Maintenance Service).
When submitting your application, you will need to submit:
These forms include details of your income, assets, debts, and pensions. You will also need to pay the court fee. Both parties must sign the documents and ideally obtain independent legal advice before submission.
Step 4 – Court approval
Once submitted, a judge will review the consent order to ensure it is fair and meets the needs of all parties, especially where children are involved. The court may reject or amend the agreement if it appears unfair, fails to meet one party’s reasonable needs, or does not provide adequate provision for children. Full financial disclosure by both parties is essential.
Once approved by the court, the clean break order becomes legally binding. Each party’s financial claims against the other are dismissed, and neither can return to court at a later date to ask for additional provision, except in very limited and exceptional circumstances.
Clean break divorce examples
The exact wording for break clauses varies depending on the case, but typical examples include:
“Except as provided for in this order, the parties’ claims for lump sum orders, property adjustment orders, pension sharing orders, and pension attachment orders shall be dismissed”.
“Neither the Petitioner nor the Respondent may make any further claims for financial provision, including applications for periodical payments, capital division, transfer of property or lump sum orders or pension sharing orders, nor against one another’s estates”.
“Except as provided for in this order, the applicant’s / respondent’s claims for periodical payments orders, lump sum orders, property adjustment orders, pension sharing orders and pension attachment orders shall be dismissed and she shall not be entitled to make any further application in relation to the marriage for an order under the Matrimonial Causes Act 1973 section 23(1)(a) or (b) and she shall not be entitled on the respondent’s death to apply for an order under the Inheritance (Provision for Family and Dependants) Act 1975, section 2”.
Please note, these are just examples and should not be used as your own clean break clause. Legal advice is essential to ensure the wording reflects your circumstances and protects your interests.
There are several types of clean break arrangements, including:
- Immediate full clean break
- Deferred clean break
- Clean break with lump sum payment
Immediate full clean break
With an immediate full clean break order, all financial ties are severed immediately on court approval. This means that neither party has ongoing obligations (other than child maintenance). This arrangement tends to suit couples who are financially independent with similar earning capacities or where both can meet their housing and living needs. For instance, a couple who married later in life and maintained separate careers might opt for an immediate clean break, each keeping their own assets and splitting shared property equally.
Deferred clean break
In some cases, one party continues to receive spousal maintenance for a set period before all financial ties are finally severed. This is often suitable when one spouse needs short-term support to retrain or re-enter employment. For example, maintenance may be paid for three to five years, after which all claims are dismissed. This provides temporary support and a clear path to independence.
Clean Break with a lump sum payment
With this type of clean break, one spouse makes a one-off payment in exchange for a full and immediate clean break. This might represent a share of property equity or other capital. For example, one party might retain the family home while paying the other a lump sum for their share. Once paid, there are no further financial obligations.
