Clean Break Order Solicitors

A clean break order is a court order that ends all financial ties between ex-spouses, so neither can make future claims on income, assets, pensions or estates.

A divorce ends your marriage, but it does not end your financial claims against each other. Only a clean break order does that. Vanguard Solicitors helps divorcing couples in London secure clean break orders that give lasting certainty and protect what they build in the future.

Want to achieve a clean break financially after divorce? Contact Vanguard Solicitors on 0208 616 5535 for advice on putting a clean break order in place.

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What is a clean break order?

A clean break order is a financial order, usually made by consent, that permanently dismisses all financial claims between former spouses. Once it is in place, neither of you can ask the other for maintenance, a lump sum, property, a share of a pension or a claim against your estate after death.

A clean break order usually sits within a wider consent order that also records how your assets are divided. It typically includes:

• Dismissal of claims for spousal maintenance
• Dismissal of claims for lump sums and property transfers
• Dismissal of claims against each other's pensions
• A bar on claims against each other's estate after death

Why is a clean break order important?

A clean break order is important because, without it, financial claims arising from a marriage can stay open indefinitely. A former spouse could apply for a share of your assets years after the divorce, including money or property you acquired long after you separated.

The courts have confirmed that such late claims can be brought in principle. A clean break order protects:

• Future earnings, bonuses and pay rises
• Inheritances and gifts received after the divorce
• Property bought after separation
• Business growth and future investments
• Your estate, so it passes to the people you choose

Do I need a clean break order if we have no assets?

Yes. A clean break order is valuable even where there is little or nothing to divide, because it protects your future rather than your present. Without one, either of you could make a claim if your financial position improves later in life.

This is particularly important for:

• Younger couples who expect their incomes to grow
• Short marriages with few joint assets
• Anyone likely to receive an inheritance
• Business owners and self-employed people
• People planning to remarry or start a new family

When is a clean break not suitable?

An immediate clean break may not be suitable where one spouse cannot meet their reasonable needs without ongoing financial support. The court has a duty to consider a clean break in every case, but it will not impose one if it would leave a spouse, or the children's main carer, facing undue hardship.

A clean break may be delayed or ruled out where:

• One spouse is the main carer of young children and has limited earning capacity
• There is a large income gap after a long marriage
• One spouse has health problems that prevent them from working
• There are not enough capital assets to offset ongoing maintenance

In these cases, spousal maintenance may be ordered instead. Read more on our Spousal Maintenance Solicitors page.

What is the difference between an immediate and a deferred clean break?

An immediate clean break ends all financial claims as soon as the order takes effect. A deferred clean break allows spousal maintenance to be paid for a fixed period, after which all claims end, and the receiving spouse cannot apply to extend the payments.

A deferred clean break can be a practical middle ground. It gives the receiving spouse time to retrain, return to work or adjust to a new budget, while giving the paying spouse certainty that payments will end on a known date.

Does a clean break order cover child maintenance?

No. A clean break order ends financial claims between spouses, but it cannot end either parent's responsibility to support their children. Child maintenance can still be assessed through the Child Maintenance Service or agreed between the parents.

This means you can have a clean break from your former spouse while still paying, or receiving, child maintenance for as long as the children are entitled to it.

How do you get a clean break order?

To get a clean break order, both spouses exchange financial disclosure, agree the terms, and a solicitor drafts a consent order containing clean break clauses. The order is filed with the court with a statement of information (Form D81). A judge reviews it and, if satisfied it is fair, approves it.

The usual steps are:

1. Disclosure: Both spouses share full details of their income, assets, pensions and debts.
2. Agreement: You agree how any assets will be divided and that all claims will be dismissed.
3. Drafting: A solicitor prepares the consent order with the correct clean break wording.
4. Submission: The order and Form D81 are filed once the conditional order of divorce has been made.
5. Approval: A judge approves the order, usually on paper without a hearing.

If you cannot agree, the court can impose a clean break as part of a final order in financial remedy proceedings. Read more on our Financial Consent Order Solicitors page.

Can I get a clean break order after my divorce is finalised?

Yes. You can apply for a clean break consent order after the final order of divorce, even years later, as long as financial claims are still open. It is best to do this as soon as possible, before either person's finances change significantly.

If your former spouse has remarried, their own claims for maintenance and lump sums may already be barred, but a clean break order still gives you formal certainty.

Can a clean break order be overturned?

Rarely. A clean break order can only be set aside in limited circumstances, such as fraud, deliberate non-disclosure of assets, a fundamental mistake, or a significant unforeseen event very soon after the order was made.

This is why full and honest financial disclosure on both sides is essential. It protects the order from challenge and gives both of you genuine finality.

Frequently asked questions about clean break orders

Speak to a clean break order solicitor in London

A clean break order is one of the most important protections you can have after divorce. Vanguard Solicitors can advise whether a clean break is right for you, draft the order correctly and handle court approval.

Need a clean break order after divorce? Call Vanguard Solicitors on 0208 616 5535 to speak to a family law solicitor about your options.