When Can I Apply for a Clean Break Order After Divorce in the UK?

Article summary:

• A divorce does not automatically end financial claims between spouses
• A clean break order can be applied for before or after the final divorce order
• The court will only approve a clean break if it considers it fair
• Without a clean break order, financial claims can remain open indefinitely
• Legal advice is strongly recommended before applying

A ‘clean break order’ prevents future financial claims between ex-spouses. Understanding when you can apply for one and why timing matters is important in protecting your long-term financial security. In this article, we will explain what is meant by ‘clean break order’, when you can apply for one after divorce, and the key legal considerations to be aware of.

What is a ‘clean break order’?

A clean break order is a type of financial consent order issued by the family court under the Matrimonial Causes Act 1973. Its purpose is to bring financial ties between former spouses to an end. Once approved, neither party can make future financial claims against the other. This includes claims for maintenance, lump sums, property adjustment, pension sharing, future income, bonuses, or inheritances.

Clean break orders are most common where there are no dependent children or where both parties are financially independent. However, they can also be used where child arrangements are in place, provided child maintenance is dealt with separately. 

In most cases, a clean break order is arranged after the Conditional Order (formerly decree nisi) has been granted, but before the Final Order. If one party would be left financially vulnerable, the court may refuse a clean break and instead order ongoing maintenance or other financial provision.

Does divorce automatically create a clean break?

Even after a Final Order has been issued (previously known as the decree absolute), former spouses can still bring financial claims against each other unless a clean break order or other financial order has been made. There have been well-publicised cases where ex-spouses have brought claims many years after divorce, including claims against lottery wins, pensions, and business assets acquired long after separation.

A clean break order is the only way to ensure financial claims are permanently dismissed.

Can you get a clean break order if you have children?

A clean break order can deal with financial claims between spouses, but it cannot remove a parent’s obligation to support their children. Child maintenance is usually dealt with separately, either through a private child maintenance agreement or the Child Maintenance Service. The court may still approve a clean break between spouses while allowing child maintenance obligations to continue.

Is a clean break order always appropriate?

A clean break may not be suitable where: 

• One party has a significantly lower earning capacity
• There has been a long marriage with financial dependency
• One party has health issues affecting their ability to work
• Pension provision would be unfair without sharing

In these situations, ongoing spousal maintenance or deferred financial arrangements may be required. Remember, the court’s priority is fairness, not a clean break at all costs.

If no clean break order is made, your former spouse could claim against future earnings, seek a share of a pension built up after divorce, or make a claim following an inheritance or business success. Even if such a claim is ultimately unsuccessful, defending it can be stressful, expensive, and time-consuming. This is why a clean break order provides certainty.

How do you apply for a clean break order?

You can reach a clean break either between you and your ex-spouse or through the courts. If both parties agree, financial disclosure is exchanged, and a consent order is drafted by a family law Solicitor. The order is submitted to the court with a statement of information. The judge reviews the paperwork and approves or raises queries. No court hearing is usually required.

If there is no agreement, however, it may be necessary to ask the court to decide on your behalf by taking the following steps:

• Start divorce proceedings and obtain the conditional order.
• Exchange full and frank financial disclosure with your former spouse.
• Reach an agreement on finances, or decide whether the application will be contested.
• Draft a consent order setting out the clean break terms, or issue a financial remedy application if there is no agreement.
• Complete and file the statement of information (Form D81) with the court.
• Submit the consent order, D81, and court fee for judicial approval.
• Respond to any questions or amendments requested by the judge.
• The clean break order is approved and issued by the court.

Final words

Divorce alone does not end financial claims, and without a clean break order, those claims can remain open for years. If financial independence is important to you, a clean break order is not just a formality; it is a key step in securing certainty and protecting your future. To ensure your divorce results in a water-tight, clean break that protects your financial future, speak to a divorce law Solicitor who can handle your case on your behalf.