What Is a Clean Break Order?
A clean break order is a type of financial order made by the family court that dismisses future financial claims between former spouses, either immediately or at a specified date in the future.
Its precise effect depends on the terms of the order.
It is the key legal step that stops either party from making new financial claims in the future.
Many people assume that once they receive their Final Order of divorce, everything is over.
However, the divorce itself and the financial settlement are legally separate, so you may need a separate financial order to achieve finality.
Your Final Order ends your marriage, but it does not automatically:
- divide assets (such as property, savings or investments)
- allocate responsibility for debts between the parties, although the order will not ordinarily affect a creditor’s contracultural rights against the borrower
- stop your former spouse from making future financial claims
What happens if you divorce without a clean break order?
In many cases, financial claims can remain open after the divorce is final. That means your former spouse may still be able to apply to the court for a financial order later, leaving you without the certainty you expected.
If you did not secure a financial order at the time of your divorce, financial claims can still be pursued later, even years after the divorce is final.
A clean break order is the legal mechanism that brings those financial claims to an end, allowing both parties to move forward with finality.
How It Differs From the Final Order
The terminology can be confusing. In simple terms:
- The Final Order of divorce (formerly Decree Absolute) ends the legal marriage.
- A clean break order is a financial order that ends ongoing financial claims between the parties.
Both are important if you want a complete and secure end to your relationship, both emotionally and financially.
How We Can Help
Our family solicitors guide you through the clean break order process step by step, starting with an initial review of your finances and the divorce position, and then advising on the right approach (an immediate clean break, a deferred clean break, or a structured settlement where needed).
If you can agree, we will prepare and negotiate the consent order, ensure the wording is precise and complete, and submit it to the family court for approval.
We also manage the timing and any court queries, so you know what happens next and when the order becomes legally binding.
- Advising on your options. We will review your financial position, explain whether a clean break is appropriate in your circumstances, and advise on the best route to achieving financial finality, whether that is an immediate clean break, a deferred clean break, or a structured settlement with ongoing provisions where needed.
- Negotiating a fair agreement. Where you and your former spouse have not yet agreed on terms, we can negotiate on your behalf, directly with them or their solicitor, or attempt a settlement through mediation. We focus on reaching a fair and commercially sensible outcome without unnecessary conflict or cost.
- Drafting your consent order. We prepare the formal legal documentation, ensuring the clean-break wording is precise, comprehensive, and covers all relevant claims, income, capital, and pensions. If the drafting is incomplete or unclear, future claims may not be fully dismissed. Getting this right is where a specialist solicitor adds the most value.
- Securing court approval. We submit your consent order to the family court, deal with any queries raised by the judge, and keep you informed until the order is approved and legally binding. In most cases, you will not need to attend court.
- Reviewing existing orders. If you already have a consent order but are unsure whether it includes full clean break provisions, we can review the wording and advise on whether any further steps are needed to close off remaining claims.
- Acting in contested cases. Where agreement cannot be reached, we represent clients through the full financial remedy court procedure, including the First Directions Appointment, Financial Dispute Resolution hearing and, where necessary, a Final Hearing. Our team has been shortlisted for Financial Remedies Team of the Year (National) at the Lexis Nexis Family Law Awards.
Who We Can Help
We act for individuals in all circumstances, whether your finances are straightforward or complex.
- People who have recently divorced and need a clean break order to bring financial claims to a definitive end, alongside their divorce settlement.
- People who divorced without a financial order, sometimes years ago, and now want to protect themselves from the risk of future claims by a former spouse. This has become increasingly common since the introduction of no-fault divorce and online DIY divorce applications.
- People who are planning to remarry and need to secure a clean break order before the wedding to avoid losing the right to bring financial claims against a former spouse.
- People who have received a financial claim from a former spouse and need advice on defending it or negotiating a settlement that includes clean break provisions.
- People with existing consent orders who are unsure whether their order includes full clean break wording and want a solicitor to review it.
- People with complex financial circumstances, including business owners, company directors, those with pension portfolios, property investors, those with interests in trusts, and those with inherited or pre-marital wealth.
- High-net-worth individuals whose clean break order needs to address substantial assets, multiple properties, offshore interests, business valuations, or tax-efficient structuring. We work closely with forensic accountants, tax specialists, and pension actuaries to ensure every element is properly addressed and nothing is left exposed.
- People with straightforward finances who want the peace of mind that comes from a properly drafted, court-approved clean break, without paying for more legal support than they need.
Clean Break Order FAQs
What is a clean break order?
A clean break order is a financial order made by the Family Court that dismisses specified financial claims between former spouses, either immediately or from a specified future date.
A Final Order of divorce ends the marriage but does not, by itself, resolve financial claims.
The scope of a clean break depends on the order’s wording and does not generally affect child-maintenance obligations or the rights of third-party creditors
It prevents either party from making future claims for property, lump sums, spousal maintenance or pensions, helping to protect your assets and secure a final settlement.
It can be made as part of a broader financial settlement or on its own when there are few assets to divide, but both parties want the certainty that no future claims can be brought.
A clean break order is separate from the Final Order of divorce; the divorce ends your marriage, but only a financial order, like a clean break, ends the financial relationship between you.
How much does a clean break order cost?
Costs depend on the complexity of your financial situation and the level of legal support you need.
We will provide a clear estimate before any work begins, so there are no surprises.
In most cases, the cost of obtaining a properly drafted clean break order is modest compared to the potential cost of defending a financial claim brought by a former spouse years down the line.
How long does a clean break order take to get?
Once a signed consent order is submitted to the court, most are processed within a few weeks, though timeframes vary by court. If the judge has queries about the fairness of the agreement or the drafting, there may be some delay while those points are addressed.
The overall timeline also depends on how quickly you and your former spouse can reach an agreement and provide the necessary financial disclosure. In straightforward cases, this can be done relatively quickly, while more complex financial arrangements will naturally take longer.
You can submit a draft financial order once you have reached the Conditional Order stage of your divorce. Our solicitors manage the entire process from start to finish and keep you informed at every stage.
What does a clean break order cover in a divorce?
A clean break order can cover the full range of financial matters between you and your former spouse.
This includes the division of property and savings, pension sharing or attachment, lump sum payments, the dismissal of spousal maintenance claims, and arrangements for joint debts.
Where spousal maintenance is involved, a true clean break brings it to an end, either immediately, at a set future date, or through a capitalised lump sum in place of ongoing payments.
The order is tailored to your specific circumstances and can be straightforward when there are limited assets or more detailed when property, pensions, and businesses are involved.
The one thing a clean break order cannot do is override a parent's obligation to support their children; child maintenance is usually agreed privately or assessed through the Child Maintenance Service.
Can a clean break order be challenged or changed later?
In very limited circumstances, yes.
A clean break order may be set aside where one party failed to provide honest and full financial disclosure, where there has been fraud, undue influence, procedural irregularity, mistake or where there has been a fundamental and unforeseeable change in circumstances shortly after the order was made.
The court sets a very high bar for reopening a financial order, and successful applications are rare.
This is precisely why it is so important to get the order right first time, with proper financial disclosure on both sides, and careful drafting by a specialist solicitor.
It is prudent for each party to obtain independent legal advice, although legal representation is not a prerequisite to the court approving a consent order.
The court may scrutinise the arrangement more closely where a party is unrepresented.
Can you get a clean break order without going to court?
In most cases, yes. Most clean break orders are obtained by consent, which means you and your former spouse reach an agreement through negotiation, mediation or solicitor correspondence, your solicitor drafts a consent order, and it is submitted to the court for a judge to approve on paper.
Neither party usually needs to attend court in person.
The judge considers the draft order and the financial information provided, usually in Form D81, and decides whether the proposed terms appear fair and legally appropriate. The court may request further information or amendments before approving the order.. If everything is in order, it is approved and becomes legally binding. You only need to attend court if the matter is contested and cannot be resolved by agreement.
What happens if you divorce without a clean break order?
If you divorce without obtaining a clean break order or any other financial order, the financial claims between you and your former spouse remain open indefinitely.
This means that either of you could apply to the court for a financial order at any point in the future, potentially years after the divorce was finalised.
A former spouse may still be able to apply for a financial remedies order after a divorce. The court will determine any application by reference to the circumstances existing at that time, although post-separation assets and inheritances are not automatically subject to equal sharing.
This risk is particularly acute if your financial circumstances improve over time through career progression, inheritance or business growth.
It also creates a serious problem if you plan to remarry.
People intending to remarry should establish whether their financial claims have already been made or preserved. Remarriage can prevent a person from pursuing certain claims against a former spouse, while not necessarily preventing the former spouse from pursuing claims against them.
The usual and most reliable way to secure financial finality is to obtain a court-approved financial order expressly dismissing future claims.
The only way to prevent this is to obtain a court-approved financial order that formally dismisses all future claims.
Do you need a clean break order if you have a consent order?
Not necessarily, but you need to check the wording carefully.
A consent order is simply a financial order made by agreement between the parties and approved by the court.
Some consent orders include clean break provisions that dismiss all future financial claims on both sides.
Others do not; they may deal with specific matters such as the house or pensions, but leave other claims open, either intentionally or by oversight.
If you already have a consent order, it is worth having a solicitor review it to confirm whether it includes full clean-break wording covering income, capital, and pension claims.
If it does not, you may want to apply for a further order to close off any remaining claims and achieve the complete financial finality you need.
When should you apply for a clean break order after divorce?
As soon as possible.
There is no legal time limit for applying for a clean break order after divorce, but the longer you leave it, the greater the risk that your former spouse could bring a financial claim against you in the meantime, and the more complicated matters can become as both parties' financial circumstances change.
This is especially urgent if you are planning to remarry, because remarrying without a financial order in place will usually cause you to lose the right to bring most financial claims yourself.
We recommend that anyone who has divorced without a financial order seek legal advice promptly, even if the divorce was finalised some time ago. It is almost always simpler and less expensive to resolve these matters proactively than to deal with an unexpected claim further down the line.
Why Work With Our Family Team?
- Our specialist family law solicitors are experts in complex, high-value divorce, and family disputes.
- Our family law solicitors are recognised by the Legal 500.
- Our family team are all members of Resolution, the largest organisation of family lawyers in the UK, and are dedicated to dealing with matters in a non-confrontational and constructive way.
- Our team were shortlisted for the family law firm of the year (North) and financial remedies team of the year (National) at the Lexis Nexis Family Law Awards 2022.
- Our team work closely with other departments internally, including property, employment, corporate and commercial lawyers, to ensure that your financial needs are protected comprehensively.
- We provide a partner-led service to ensure you receive the very best legal advice and support for your family law issues.
- We have a large team of expert solicitors and can meet your deadlines.
- We are a full-service law firm operating from a one-site office, which means our teams communicate effectively and efficiently.
- We use the latest technology to ensure that we are working as efficiently. Geographical distance is no bar to us from providing excellent client service.
- We provide regular legal updates via our blogs, social media and local radio appearances.
- Look at the Myerson Promise for further benefits of working with us here.
- With our MSI Global Alliance Membership, we can connect you to trusted advisers in 100+ countries who can provide international legal advice for individuals and families.
- We assist families throughout England and Wales, with strong local expertise in Cheshire, Altrincham, and Manchester.
When you call our Family team, you will speak directly to a solicitor who can give you clear, informed advice from the outset. At Myerson, we pride ourselves on being accessible, approachable, and responsive, making sure you get the support you need when you need it most.
Testimonials
Mrs S, Liverpool
I went to Myerson and I could not have found a better, and more welcoming firm of solicitors. As well as their professionalism, Myerson offer charming surroundings, enhanced by friendly and helpful reception staff.
Mrs T
It was so wonderful to meet the Myerson Family Team. The whole experience felt relaxed and completely free from pressure, and everything was explained clearly and in layman’s terms, which was incredibly important to me during such a difficult time. I left feeling truly heard and respected, not just like another case in a system. Brittany made me feel seen as a person, and that meant everything to me.
Mr. H
Fantastic service from Sarah Whitelegge and Nichola Bright. Both highly knowledgeable, experienced and approachable dealing with all queries and concerns in a timely and professional manner.
Mrs P., Northwich
Jane Tenquist remained calm and determined throughout. Her professionalism and knowledge of divorce law is beyond reproach. Jane gave me support at a time when I needed it most and from that the strength and confidence to fight for what was rightfully mine. I am very grateful to Jane and I would not hesitate in recommending her to anyone who is in need of a Divorce Lawyer.
M A, Urmston
From start to finish everything done by Myerson was perfect. Nothing was any trouble, no matter how many times I contacted them over matters.
Mr L.
Did not have any issues that I had not thought had been dealt with efficiently or effectively. Would recommend to others.
Miss W., Altrincham
The Solicitors at Myerson were really helpful and dealt with my case really quickly. They kept me updated throughout and the whole process was very smooth, thank you!
Mr P., Stretford
It’s been a pleasure working with you. Your approach has been a breath of fresh air.
Mrs F., Altrincham
Very friendly professional service shown at all times. It made a huge difference to see a smile greeting you at those meetings; and a friendly voice on the end of a phone when your world seems to be crumbling around you.
Mr F, Heald Green
Excellent service. I would not hesitate in recommending Myerson. Nichola Bright was outstanding! Nothing was too much trouble for her.
Mr J., Rixton
Myerson Solicitors conducted my business in a highly professional manner. I was consistently kept informed of progress and any questions I had were answered in a timely manner.
Mr S, Warrington
I found Jane Tenquist to be both very knowledgeable, professional and easy to relate to. I would have no hesitation in recommending Jane or Myerson.
Mr D, Knutsford
An outstanding service with thoughtful and relevant advice given throughout. Highly recommend.
Mrs F, Altrincham
I would certainly recommend Nichola Bright. She showed empathy and understanding throughout the whole process. She is a very professional and caring solicitor.
Legal 500, 2021
An excellent matrimonial department within a larger firm, enabling the matrimonial team to harness advice on commercial matters in the drop of a hat.
Legal 500, 2021
The team is headed by Jane Tenquist; her ability to listen, knowledge of this area of law, deciphering relevant key information critical to the matter and progression is highly commendable. Jane’s team are equally strong in these skills and together they work excellently. As a client I have felt to be in a very safe set of hands and I say thank you for your hard work.
Legal 500, 2021
As a client of the practice I have experienced positive and practical guidance from my first introduction. Filing for divorce following 35 years of marriage was a very traumatic life event but I have been supported and guided throughout the whole process. My wishes were listened to and then legal advice given provided as to my various actions.
Legal 500, 2021
They have an approachable, honest manner that is supported by extensive knowledge and experience. Nichola Bright offers her clients the feeling of confidence in her advice as well as her understanding and appreciation of the challenges they are facing. She has the human touch that is so valuable to clients.
Legal 500, 2022
They ensure that relevant experts are brought into the process when matters are outside the remit of the lawyers. This ensures clients get the best possible advice.
Legal 500, 2022
The individual team members are thorough in their approach to dealing with client enquiries and fully understand the need to ensure outside experts like myself are brought into the process when required. This gives clients the reassurance that all avenues have been explored when dealing with their case.
Jill
A complex and challenging case. However, Gemma constantly eased our anxiety and worries with her sound advice and calm, swift responses to our endless queries. She was always very professional and knowledgeable, able to explain clearly and concisely in both legal terms and layman's terms when we struggled to understand some of the complexities of the case. Always friendly and approachable, I would recommend her in a heartbeat. As a company they were very fair with their fees for which we are very grateful. A great service all round.
I wanted to extend a heartfelt thank you for the unwavering support and assistance you've provided thus far in handling my case. Today, our barrister delivered an outstanding performance, which fills me with optimism that we will continue to persevere with this level of dedication until the conclusion. Your assistance has been invaluable to me, especially during times of mental strain. Your unwavering support has truly made a significant difference.
Mr. Ahmad
I want to express my sincere thanks to Jane for her outstanding legal representation and unwavering support throughout my divorce and financial settlement case. Her expertise, diligence, and dedication were instrumental in achieving a favourable outcome.
Irfan
I cannot express enough gratitude for Jane Tenquist and her exceptional team at Myerson. During one of the most challenging periods of my life, they provided invaluable legal counsel and unwavering support. Ms Jane Tenquist is not only a brilliant legal mind but also an incredibly compassionate and understanding individual. She approached my divorce and financial settlement case with a keen eye for detail and a strategic approach, ensuring I received the best possible outcome. Her ability to navigate complex legal matters with ease and clarity was truly impressive.
Mr. C
Thank you so much – Jane and her team's support, professionalism and thoroughness throughout the last year has been superb.
Liam Kelly, Barrister, Deans Court Chambers
I have found Joe's management of this case…exceptional and well beyond his years. There have been some knotty issues in this matter…and his ability to cut through them and see the bigger picture is a credit to him.
Mr D
I would like to thank Nichola, and the family team, for all the guidance and support you provided to me during a very difficult time. This was much appreciated.
Meet Our Family Solicitors
Home-grown or recruited from national, regional or City firms. Our family lawyers are experts in their fields and respected by their peers.
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0161 941 4000
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