When a couple divorces, it’s not just the emotional separation that matters — untangling finances can be one of the most complex and important steps. For many, a Clean Break Order offers a chance to start fresh. But what exactly is it, and is it right for you?
What is a Clean Break Order?
A Clean Break Order is a type of financial settlement in divorce proceedings that legally ends all financial ties between you and your former spouse. It means that once the order is approved by the court, neither party can make a financial claim against the other in the future — including claims for income, property, pensions, or inheritance.
This provides peace of mind and finality. Without a Clean Break Order in place, even years after divorce, your ex could make a financial claim if your circumstances change — for example, if you receive an inheritance, win the lottery, or build a successful business.
Who Can Get a Clean Break?
A Clean Break Order isn’t suitable for everyone, but it is especially common in cases where:
- There are no children under 18 financially dependent on the parties.
- Both spouses are financially independent
- The couple has agreed on how to divide their assets (or there are no significant assets)
- There is no need for ongoing spousal maintenance.
Even where there is an agreement for one party to receive a lump sum or a share of the marital home, a Clean Break Order can still be drafted to reflect that agreement — and ensure no further claims can be made.
What About Spousal Maintenance?
If one person is financially dependent on the other, a Clean Break Order may not be possible immediately. However, it’s possible to include a deferred clean break, which ends financial claims at a future date — for example, after a set period of spousal maintenance.
It’s worth noting that even if child maintenance is involved, a Clean Break Order can still cover financial ties between the spouses. Child maintenance is dealt with separately and cannot be permanently waived.
How to Apply for a Clean Break Order
To apply for a clean break order, an agreement must first be reached with your ex-partner on how to divide your assets. Although couples can agree on financial arrangements between themselves, a Clean Break Order must be approved by the court to be legally binding, and it must be fair to both parties and properly reflect their financial situation.
At Davison’s Law, our divorce solicitors specialise in helping clients achieve a clean break where appropriate — protecting your future income, assets, and peace of mind. We’ll draft your agreement clearly, ensure all necessary financial disclosures are made, and present your case to the court with care and efficiency.
How Davison’s Law Can Help
We understand that divorce is more than a legal process — it’s a personal transition. Our experienced family law team will guide you through your options and explain the pros and cons of a Clean Break Order based on your specific situation.
Whether you’re aiming to draw a clear financial line or want to explore your entitlement in more depth, Davison’s Law is here to help you move forward with confidence.
Get in touch today to book your consultation and take the first step toward financial certainty.
