What Can a Clean Break Order Protect?
A clean break order can help protect you from future financial claims after divorce or civil partnership dissolution. Where approved by the court, it can prevent either party from making future claims against the other’s:
- Income and future earnings
- Savings and investments
- Property, including a future home purchase
- Pensions and pension growth
- Business interests or future business growth
- Inheritance received after divorce
- Unexpected windfalls, such as a lottery win
- Other financial resources built up after separation
This can be especially important if your financial position changes in the years after divorce. For business owners, professionals, or those expecting future pension growth or inheritance, a clean break order can provide valuable certainty that what you build after divorce remains protected.
The wording of the order matters. A clean break should be drafted carefully so it dismisses the right claims, reflects the agreement reached between the parties, and gives you the long-term protection you need.
Clean Break Orders and Child Maintenance
A clean break order does not end responsibility for child maintenance. Financial claims between spouses or civil partners are separate from the obligation to support children.
Child maintenance can be agreed privately in some cases or dealt with through the Child Maintenance Service where appropriate. If you have children, we will explain how a clean break may sit alongside child maintenance arrangements so that your financial settlement is clear and properly understood.
Clean Break Order vs Consent Order
A financial consent order records the financial agreement reached between divorcing spouses or civil partners and makes it legally binding once approved by the court. It can deal with property, pensions, savings, debts, lump sum payments and maintenance.
A clean break order is usually the part of that financial order that dismisses future claims. In straightforward cases, the consent order may include clean break provisions so both people can move forward independently. In other cases, the order may include financial arrangements first, with a clean break taking effect later.
If you are unsure whether you need a consent order, a clean break order or both, we will explain the difference clearly and advise on the right approach.
How We Can Help
We can advise you on whether a clean break is suitable, help you understand the financial information that needs to be exchanged, and identify any risks before an order is prepared.
Where terms have already been agreed, we can draft the financial order with appropriate clean break wording and guide you through the supporting paperwork, including Form D81. If the court raises questions or asks for clarification, we will help you respond clearly and promptly.
Where agreement has not yet been reached, we can support you through negotiation, solicitor-led discussions or other dispute resolution options. If court proceedings become necessary, we will provide clear advice and strong representation throughout.