A Clean Break Order is one of the most important documents you can get during divorce. It severs all financial ties with your ex-spouse, preventing either of you from making claims against each other in the future - even if one of you later inherits money or wins the lottery.
At MCR Solicitors, we strongly advise all divorcing clients to consider a Clean Break Order. This guide explains what it is, whether you need one, and how to get it.
What is a Clean Break Order?
A Clean Break Order is a type of consent order that:
- Ends the right to claim maintenance from each other (spousal maintenance)
- Prevents future financial claims against each other
- Dismisses any claims either party could make
- Provides legal certainty - the financial divorce is complete
Without a Clean Break Order, either ex-spouse can make financial claims against the other at any point in the future - potentially years or decades after divorce.
Why Do You Need a Clean Break Order?
Consider these scenarios without a Clean Break:
- You divorce, with no financial order
- 10 years later, you inherit £200,000 from a relative
- Your ex-spouse applies to court for a share of your inheritance
- The court could award them some of it
This isn't hypothetical - it has happened in real cases. The famous case of Wyatt v Vince (2015) saw a woman pursue a claim 20 years after divorce, eventually receiving £300,000.
What Does a Clean Break Order Include?
A properly drafted Clean Break Order typically includes:
- Current asset division - Who gets what (property, savings, etc.)
- Pension sharing or offsetting - How pensions are divided
- Dismissal of maintenance claims - Neither can claim spousal maintenance
- Dismissal of capital claims - No future claims against capital
- Death provisions - Neither can claim against the other's estate
When is a Clean Break Appropriate?
A clean break works well when:
- Both parties are financially independent
- Both can support themselves without ongoing maintenance
- Assets can be divided fairly now
- Both want a complete break
When a Clean Break Might Not Be Possible
- One spouse can't support themselves - They may need ongoing maintenance
- Young children - One parent may need support while caring for them
- Long marriage with career sacrifice - One spouse gave up work and can't easily become self-sufficient
- Illness or disability - One spouse may never be able to work
In these cases, maintenance payments may be needed (either for a fixed term or indefinitely).
Clean Break vs Consent Order - What's the Difference?
A consent order is the general term for a court order recording your financial agreement. A clean break is a specific type of consent order that ends all future claims.
Not all consent orders achieve a clean break - some include ongoing maintenance payments, which means financial ties continue.
How to Get a Clean Break Order
Step 1: Agree Terms
You and your spouse must agree on how to divide assets and that neither will claim maintenance.
Step 2: Draft the Order
A solicitor should draft the consent order. This must be done correctly - poorly drafted orders may not provide complete protection.
Step 3: Submit to Court
The signed consent order, along with Form D81 (financial statement), is submitted to court for approval.
Step 4: Court Approval
A judge reviews the order to ensure it's fair. If approved, it becomes a binding court order. The court fee is just £53.
How Much Does a Clean Break Order Cost?
| Item | Cost |
|---|---|
| Court fee | £53 |
| Solicitor drafting | £500 - £1,500 |
| Total | £553 - £1,553 |
This is a small price for complete financial security and peace of mind.
Can a Clean Break Order Be Changed?
Clean Break Orders are designed to be final. They can only be set aside in very limited circumstances:
- Non-disclosure - One party hid assets
- Fraud or mistake
- Undue pressure
The bar for overturning a consent order is very high - which is why it's important to get it right first time.
Frequently Asked Questions
Do I need a solicitor for a Clean Break Order?
Technically no, but we strongly recommend it. A poorly drafted order may not provide complete protection. Solicitors also ensure the terms are fair, which the court requires.
How long does a Clean Break Order take?
Once you've agreed terms and the paperwork is submitted, court approval usually takes 4-8 weeks. The whole process from instruction to approval typically takes 6-12 weeks.
Can I get a Clean Break Order after decree absolute?
Yes - you can apply for a consent order at any time, even years after your divorce is finalised. However, it's best to do it as part of the divorce process.
What if my ex won't agree to a Clean Break?
If they want ongoing maintenance, you may need to negotiate or ask the court to decide. A clean break can't be imposed if one spouse genuinely needs maintenance.
Do I need a Clean Break if we have nothing?
Yes - especially if you have nothing now. Circumstances change. You might later inherit money, start a successful business, or receive a large salary. A clean break protects future wealth too.
Does a Clean Break Order cover child maintenance?
No - child maintenance is separate and can never be completely dismissed. Parents always have a duty to support their children financially.
What happens if there's no Clean Break Order?
Either ex-spouse can make a financial claim at any time in the future. This could be for maintenance, a share of assets acquired after divorce, or even a share of inheritance.
Is a Clean Break Order the same as a consent order?
A consent order is the type of court order. A clean break is a feature of that order that dismisses all future claims. You can have a consent order without a clean break (e.g., one that includes ongoing maintenance).
Get Your Clean Break Order
Don't leave yourself exposed to future claims. MCR Solicitors can help you achieve a comprehensive Clean Break Order that protects your future.
Our services include:
- Free initial consultation
- Fixed-fee consent order drafting
- Negotiation with your spouse or their solicitor
- Court submission and follow-up
Contact us today:
Phone: 0161 466 1280
Address: First Floor, 1024 Stockport Road, Manchester M19 3WX
Protect your financial future. Call MCR Solicitors now.
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