What is a clean break in divorce?

In financial settlements following divorce or the dissolution of a civil partnership, a clean break order is often one of the most effective ways to achieve finality. It formally severs all financial ties between former spouses/civil partners, enabling both parties to move forward independently.

A clean break order can offer clarity, certainty, and peace of mind. However, it is important to recognise that it may not be appropriate or achievable in every case.

What is a clean break?

A clean break order is a type of financial order made on divorce or civil partnership dissolution that ends all future financial obligations between you and your former spouse/civil partner.

This applies to all financial claims that you acquire during marriage and/or a civil partnership, as follows: –

• Income (such as salary, bonuses and business profits);
• Capital (such as savings, property and shares);
• Pensions; and
• Inheritance.

Types of clean break orders

• Immediate clean break: this is when both parties have sufficient financial resources to move on independently, and no further financial support is needed.
• Deferred clean break: sometimes, financial independence is not achievable straight away. In these cases, the court may order spousal maintenance for a set period, with the intention of eventually achieving a clean break. This option allows one party to get back on their feet before becoming fully financially independent.

How do you get a clean break?

A clean break can only be achieved through a court order. Even if you and your former spouse/civil partner have come to an informal agreement about your finances, it is essential to have that agreement approved by the court. Without a formal order, either party could make future financial claims against one another.

Is a clean break always possible?

The court does not automatically assume that a clean break is the best option (even if the parties agree that this is what they want). The court will carefully review the circumstances of each case to determine what is fair and reasonable. The court’s priority is fairness and above all, the needs of any children involved.

In many cases, particularly where the marriage was short and there are no children, a clean break is entirely appropriate. However, if for example, one party has sacrificed their career to care for children or support the other person’s career, the court may decide that a clean break would unfairly disadvantage them.

Clean breaks and children

A clean break only applies to financial ties between the parties. It does not affect any ongoing obligations to pay child maintenance.

How can Ellis Jones help?

Whether a clean break is appropriate depends on your unique circumstances. It is essential to obtain expert legal advice to explore your options and to protect your long-term interests.

If you require any advice or assistance regarding matters related to your divorce or separation, please do not hesitate to contact the Ellis Jones Family Team on 01202 525333. We can also provide advice and support on other forms of family law matters.

About the authors

Georgia McWilliam

Georgia is an Associate Solicitor in our Family department based in Bournemouth. Georgia has expertise in the following areas:

• All aspects of divorce and civil partnership dissolution
• Financial disputes arising from relationship breakdown
• Cohabitation agreements
• TOLATA claims
• Complex disputes involving children including (but not limited to) access, contact, choice of school, relocation and holidays
• Complex children matters including allegations of domestic violence
• Emergency applications relating to domestic violence

Georgie Standhaft

Georgie is a Trainee Solicitor currently in our Family department based in Bournemouth. Georgie began her training contract at Ellis Jones in September 2023 and so far has gained experience in Personal Injury, Wills, Trusts & Probate, Dispute Resolution and Family teams.