Advantages and Disadvantages of a Clean Break Order

What is a Clean Break order?

A Clean Break is a type of financial Order issued by the Court that allows both parties to separate their finances. The order severs all financial ties between divorcing parties and becomes legally binding once approved and sealed by the Court.

Is a clean break order the same as a financial order?

While a clean break order is a type of financial order, the two are not interchangeable. Financial orders can span a range of different arrangements and remedies, including pension sharing or spousal maintenance. A clean break order is a type of financial order and forms part of the final finances order on divorce, specifically putting an end to all financial commitments between divorcees.

Do I need a clean break order if I remarry?

It’s not a legal requirement to have a financial clean break order if you’re divorced and want to remarry. Although remarrying can limit the claims your ex-partner can make in certain circumstances, it’s not a reliable substitute, so from an expert legal perspective, it’s advisable to get one.

A clean break order would resolve any remaining financial ties with your ex-spouse, and safeguard any shared wealth you might acquire during your second marriage.

How to get a clean break order

To get a clean break order during your divorce, you will need to seek for a judge to seal an order after the Conditional Order of divorce is granted. This can either be during financial remedy proceedings or by submitting an order agreed by consent.

The first step to attempt is to come to an agreement between you and your ex-partner about how you are going to split your finances, which can be done through mediation, with the help of solicitors, or a verbal agreement between yourselves.

We would always advise that an exchange of financial disclosure takes place before any settlement negotiations commence.

How to apply for a clean break order

Once you’ve agreed on the terms of your settlement, your solicitor will draft the clean break consent order so that it can be submitted to the courts for the judge to review and scrutinise for fairness. The Judge needs to be satisfied that an agreement reached is fair for both parties.

When the order has been approved, and the final order of the divorce has been granted, the clean break order comes into effect and means that neither side can make any further financial claims in the future, both in life and in death.

The only financial tie remaining between divorcees once a clean break order has been made is child maintenance.

Advantages and disadvantages of a clean break order

Whether or not you should apply for a financial clean break order is entirely dependent on the circumstances of your divorce, and the goals you have for the future of your estate assets.

Either way, knowing all the facts will help you make a better-informed decision, so we’ve rounded up the advantages and disadvantages of a clean break order below.

Advantages of clean break orders

No risk of future financial claims

Getting a clean break order during or after divorce allows you to move on with your life without fear of an ex-spouse making a future financial claim against you   

Without one, they could make financial claims against you if you have remarried, inherited money, or bought property. Meanwhile, with a clean break order, no assets acquired after the order is sealed are at risk of such claims – the order essentially acts as protection for your future financial interests.

Going through divorce proceedings can be incredibly stressful, but the clean break order can provide financial certainty, so you have one less thing to worry about.

A financial order, once sealed, cannot be re-considered except in serious cases of material non-disclosure.

Legal protection

If a party were to breach the terms of the Clean Break Order, it would then become enforceable, meaning you could take legal action and seek legal remedies.

Separate from child maintenance

A Clean Break does not allow an absent parent to neglect their obligation to pay child maintenance. Financial ties cannot be broken in relation to child maintenance. The Child Maintenance Service retains jurisdiction when it comes to calculating the amount payable.

Disadvantages of clean break orders

Lack of flexibility

Clean break orders are final. Once made, they cannot be amended. Having to make a decision about your future financial needs without knowing what the future holds can be difficult.

Time consuming and costly

Consider the Clean Break order cost an investment in your future rather than an expense. Of course, a good solicitor will come at a fee, but obtaining this Order could potentially prevent you from facing a costly financial claim in the future.   It is strongly advised that you take part in financial disclosure and negotiations in order to reach a settlement. This can be time-consuming, but this is an investment to protect yourself financially in the future.

How much does a clean break order cost?

The clean break order cost can vary depending on the resources of the respective parties, and the complexity of the agreement reached with your ex-spouse. Extensive negotiations can of course cause costs to escalate.

Work is charged at an hourly rate, and you would be allocated a solicitor with the relevant experience to deal with your matter, depending on the complexity. Once we have detailed information about your personal financial circumstances, a costs estimate can be prepared by our experienced legal advisors within your initial consultation for your consideration.  

Each party would be required to meet their own legal costs with regards to the preparation of a clean break order.

Need a clean break order after divorce? We have your back

The divorce process can be overwhelming. If you find yourself unsure about how to apply for a clean break order, we’re here to help.

Our expert family law solicitors can support you with negotiating the financial clean break order agreement, applying to court, and navigating the process from start to finish.

Contact us today for confidential, tailored advice.