What Is A “Clean Break Order” and Do You Need One?
Divorce can be an emotionally and financially draining process, and many people assume that once the Final Order of Divorce is granted, financial ties between spouses are severed. However, without a Clean Break Order, financial claims remain open—meaning your ex could still make a claim against your assets in the future.
If you’re going through a divorce, you may be wondering:
• What is a Clean Break Order?
• Do I need one if we have no assets?
• Can my ex claim my future income, inheritance, or pension?
• How do I apply for a Clean Break Order?
At Access Law Legal Services, we specialise in affordable family law support, helping individuals secure their financial future after divorce. In this guide, we’ll explain what a Clean Break Order is, why it’s essential, and how you can apply for one.
What Is a Clean Break Order?
A Clean Break Order is a legally binding court order that severs all financial ties between former spouses after a divorce. This means that:
Neither party can make future financial claims against the other.
Future assets, income, pensions, or inheritances are protected.
There is financial closure, allowing both parties to move on independently.
Without a Clean Break Order, your ex could make financial claims against you years after divorce, even if you have since built new wealth or received an inheritance.
Do I Need a Clean Break Order If We Have No Assets?
Yes! Many divorcing couples assume that if they have no property, savings, or pensions, they don’t need a Clean Break Order. However, financial claims remain open indefinitely unless a court officially dismisses them.
Even if you have no significant assets now, a Clean Break Order protects you from future claims, such as:
Future property purchases – Your ex could claim a share of a home you buy after divorce.
Inheritance – If you receive a large inheritance, your ex could seek a portion.
Pension claims – Even if a pension wasn’t divided in the divorce, your ex could make a claim later.
Lottery winnings – Without a Clean Break, your ex could legally claim a share of any future windfall.
A well-known case involved a lottery winner who was successfully sued by their ex-spouse years after the divorce because they did not have a Clean Break Order.
If you want to ensure financial security and closure, a Clean Break Order is essential.
How Do I Apply for a Clean Break Order?
To obtain a Clean Break Order, you and your ex-spouse need to agree on financial matters. The process typically involves:
Step 1: Drafting a Financial Agreement
Drafting a legally binding agreement detailing the financial settlement, ensuring both parties waive future claims.
Step 2: Filing a Consent Order
If both parties agree, a Consent Order (which includes the Clean Break clause) is submitted to the Family Court for approval. This ensures financial ties are severed.
Step 3: Court Approval
A judge reviews the order to confirm it is fair and reasonable. If approved, it becomes legally binding.
If you and your ex cannot agree on financial matters, you may need to go through mediation or apply for a Financial Remedy Order, which allows the court to decide how assets should be divided.
At Access Law Legal Services, we provide affordable legal support to help you apply for a Clean Break Order quickly and cost-effectively.
Can I Get a Clean Break If I Have Children?
Yes, but it’s important to note that a Clean Break Order only applies to financial claims between spouses, not child maintenance.
Child maintenance remains a legal obligation and is usually handled through the Child Maintenance Service (CMS).
A Clean Break Order prevents claims for spousal maintenance but does not affect a parent’s responsibility to financially support their children.
If you have concerns about child support or financial settlements, our expert legal team can guide you through the process.
What Happens If I Don’t Get a Clean Break Order?
Without a Clean Break Order, your ex can make financial claims against you at any time, even years after your divorce. This means:
Your ex could seek a share of your pension or future earnings.
They could claim part of your new home or business.
A future inheritance could be at risk.
Even if you are on good terms now, circumstances can change. A Clean Break Order gives you legal protection and peace of mind.
How Access Law Legal Services Can Help?
At Access Law Legal Services, we provide affordable and accessible legal support to help you secure a Clean Break Order quickly and efficiently. Our team can: support you with drafting and filing your Clean Break Order with the court to help you protect your future. Don’t leave your financial future to chance—protect yourself today!
Note: This article reflects law at the time it was written, this article does not constitute as legal advice.