Clean Break Orders in Divorce: Everything You Need to Know in England and Wales

When a marriage ends, the last thing most people want is a financial tie to their ex-spouse stretching years into the future. A clean break order is a legally binding court order that severs all financial claims between you and your former partner, giving both of you the freedom to move forward independently. This guide explains exactly what a clean break order is, when it applies in England and Wales, how to get one, and what it costs.

What Is a Clean Break Order in Divorce?

A clean break order is a type of financial remedy order made by a court during or after divorce proceedings in England and Wales. Its purpose is simple: it legally ends all financial claims that one spouse can make against the other, both now and in the future.

Without any court order in place, either ex-spouse can technically bring a financial claim against the other at any point after divorce, even years or decades later. This is a risk many people do not realise exists. A clean break order removes that risk entirely by drawing a definitive legal line under the financial relationship.

There are two main types of clean break:

• Capital clean break: This deals with assets such as the family home, savings, investments, and pensions. Once agreed and ordered, neither party can return to court to claim a share of the other's capital assets.
• Income clean break: This ends any claim to ongoing spousal maintenance payments. It means neither party will pay or receive regular financial support from the other going forward.

Sometimes a court will grant a full clean break covering both capital and income. In other cases, particularly where one spouse has a significantly lower earning capacity or has spent years out of the workforce to care for children, a court might order a period of spousal maintenance before a deferred clean break kicks in.

It is worth noting that a clean break order does not affect child maintenance. Child maintenance is dealt with separately, usually through the Child Maintenance Service, and cannot be ruled out by a court order.

If you are starting to explore how divorce finances work more broadly, the complete guide to divorce in England and Wales is a useful place to begin.

Why Getting a Clean Break Order Actually Matters

Many couples who reach an informal agreement about their finances when they separate never bother to formalise it with a court order. This is one of the most common and costly mistakes made during divorce, and here is why.

In England and Wales, becoming legally divorced through a final divorce order (previously called a decree absolute) does not automatically close off financial claims. Only a properly drafted and court-approved financial order does that. Without one, your ex-spouse retains the legal right to make a financial claim against you indefinitely, even if years have passed and your circumstances have changed significantly.

There have been high-profile court cases in England and Wales where ex-spouses successfully claimed large sums from a former partner many years after divorce, simply because no financial order was ever put in place. Even if you and your ex agree on everything amicably, that verbal or informal agreement offers you no legal protection at all.

A clean break order gives you:

• Legal certainty that your financial separation is complete
• Protection if your ex-spouse's circumstances change, such as if they fall into debt
• Protection if your own financial position improves significantly in the future, for example through inheritance or a business success
• Peace of mind to move on with your life without financial uncertainty hanging over you

Getting a clean break order is particularly important if you are keeping the family home, receiving a pension share, or making any significant transfer of assets. You can explore how asset division works in more detail in our guide on what happens to the house and equity in divorce in England and Wales.

When Can You Get a Clean Break Order?

A clean break order is not automatically available in every divorce, and the court will not simply grant one on request without looking at the full financial picture. The court's primary duty in England and Wales is to reach a fair outcome for both parties, and that includes considering whether a clean break is genuinely appropriate.

A clean break is most straightforward in the following circumstances:

• Both spouses are financially independent with similar earning capacities
• The marriage was relatively short and there are no children
• There are sufficient assets to divide so that neither party needs ongoing financial support from the other
• Both parties agree to the clean break and the terms of the financial settlement

A clean break is less likely to be appropriate, or may only be achievable on a deferred basis, where:

• One spouse has been out of the workforce for a long time due to childcare responsibilities and cannot immediately support themselves
• There is a significant disparity in earning capacity that cannot be bridged by a capital settlement alone
• One party has health conditions that affect their ability to work
• The matrimonial assets are limited and a lump sum cannot adequately replace ongoing income support

In cases where a full immediate clean break is not possible, a court might order spousal maintenance for a fixed term, after which a deferred clean break takes effect. This gives the lower-earning spouse time to retrain, increase their income, or adjust their lifestyle before maintenance ends.

The court always has the power to consider whether a clean break is achievable, and solicitors or a mediator can help you work out what is realistic in your specific situation.

How to Get a Clean Break Order: Step by Step

There are two main routes to getting a clean break order formalised in England and Wales, depending on whether you and your spouse can reach an agreement between yourselves.

1. Agreed consent order (the most common route): If you and your spouse agree on how to divide your finances, you can have a solicitor draft a consent order that includes clean break provisions. Both parties sign it, and it is submitted to the court for approval by a judge. The judge will review it to ensure it is fair and reasonable before approving it. This does not usually require a court hearing.
2. Contested financial proceedings: If you cannot reach an agreement, either party can apply to the court for a financial remedy order using a Form A. The court process involves several stages, including financial disclosure, a First Appointment hearing, a Financial Dispute Resolution hearing, and potentially a final hearing where a judge decides the outcome. This route is significantly more expensive and time-consuming.

The steps involved in the agreed route are broadly:

• Reach an agreement on your finances, either directly, through mediation, or with solicitor assistance
• Instruct a solicitor to draft a consent order that includes a clean break clause
• Both parties sign the order and a supporting document called a D81 statement of information
• Submit the documents to the court along with the relevant fee (currently £53 as of 2026)
• A judge reviews and seals the order, at which point it becomes legally binding

If you are considering managing more of this process yourself, our guide on how to divorce without a solicitor in the UK explains what is realistically achievable without full legal representation.

How Much Does a Clean Break Order Cost?

Cost is one of the most common questions people ask about clean break orders, and the honest answer is that it varies considerably depending on how you approach the process.

Court fee: Submitting a consent order to the court currently costs £53 in England and Wales. This is the unavoidable baseline cost regardless of how you handle the rest of the process.

Solicitor fees: Solicitors in England and Wales typically charge between £150 and £400 or more per hour. Drafting a consent order with clean break provisions might take two to five hours of a solicitor's time, so you could be looking at anywhere from £300 to £2,000 or more depending on complexity and location. If financial proceedings become contested, costs can run into tens of thousands of pounds.

DIY or lower-cost options: Some couples with straightforward finances and full agreement choose to use an online legal document service or a guide like Clarity Guide (from just £37) to understand the process before instructing a solicitor for the document drafting only. This can significantly reduce the overall cost while still ensuring the order is properly prepared and court-approved.

It is always worth getting at least one legal opinion on a consent order before signing, even if you have done much of the groundwork yourself. A solicitor reviewing a draft order for an hour is far less expensive than a full-service instruction.

For a broader picture of what divorce costs in England and Wales, our guide on how much divorce costs in the UK breaks down all the likely expenses you might face.

Clean Break Orders and Pensions: What You Need to Know

Pensions are often the most valuable asset in a divorce after the family home, and they deserve particular attention when you are agreeing a clean break order. Many people make the mistake of agreeing a clean break that covers the home and savings but fails to address pensions explicitly, which can leave significant financial claims unresolved.

In England and Wales, pensions can be dealt with in three main ways on divorce:

• Pension sharing: A pension sharing order transfers a percentage of one spouse's pension to the other, creating a separate pot for the receiving spouse. Once implemented, it is a clean break in itself for that pension.
• Pension offsetting: One spouse keeps their pension in full while the other receives a greater share of other assets, such as the family home, to compensate. This is factored into an overall clean break settlement.
• Pension attachment (earmarking): This redirects some or all of a pension payment to the ex-spouse when it is eventually paid. This is rarely used because it does not achieve a true clean break as the financial link continues until the pension is drawn.

For a clean break order to be truly comprehensive, it should explicitly dismiss all pension claims or include a pension sharing order where appropriate. If your consent order does not mention pensions, you may not have achieved the clean break you think you have.

This is a complex area and we strongly recommend getting specialist advice. Our article on how to protect your pension in a divorce in England and Wales covers this in detail and is worth reading before you finalise any agreement.

Clean Break Orders in Scotland: A Key Difference

If you are based in Scotland, the law works differently and you should be aware of this before assuming that information written about England and Wales applies to you.

In Scotland, divorce law is governed by the Family Law (Scotland) Act 1985. The concept of a clean break still exists in practice, but the legislative framework is different. Scottish courts apply a set of specific principles for dividing matrimonial property, and the law does not generally allow for ongoing spousal maintenance in the long-term way that English law sometimes permits. This means a clean break is actually more commonly achieved in Scotland by default.

Crucially, in Scotland, financial claims on divorce must generally be made during or at the time of the divorce proceedings. The risk of a former spouse returning years later with a financial claim, which is a real concern in England and Wales without a court order, is significantly reduced under Scots law.

That said, it is still advisable to formalise any financial agreement in Scotland through a minute of agreement or court order to ensure it is legally enforceable. You can read more in our complete guide to divorce in Scotland.

The rest of this article focuses on England and Wales. If you are in Scotland, please make sure you are reading guidance that is specific to Scottish law.

Common Mistakes to Avoid With Clean Break Orders

Even when both parties are acting in good faith, there are several mistakes that can undermine the effectiveness of a clean break order or leave you unexpectedly exposed. Here are the most important ones to watch out for.

• Not getting any order at all: As explained earlier, an informal agreement has no legal force. This is the single biggest mistake divorcing couples make. If you do nothing else, at least apply for a consent order.
• Forgetting to include pensions: A clean break that does not address pensions explicitly is incomplete. Make sure all pension assets are either shared, offset, or formally dismissed within the order.
• Signing before your divorce is finalised: A financial consent order can only be approved by the court once the conditional order (previously decree nisi) has been made. However, it should ideally be in place before the final divorce order to avoid any gap in protection.
• Not disclosing all assets: Both parties must provide full financial disclosure before any consent order is approved. If you later discover that your ex hid assets, you may be able to have the order set aside, but this is an expensive and stressful process. Full honesty upfront protects everyone.
• Assuming a clean break covers everything: Remember that child maintenance cannot be included in a clean break order and must be dealt with separately.
• Using a template without legal review: Online templates can be a helpful starting point, but a financial consent order is a complex legal document. Having a solicitor review it, even once, is a worthwhile investment before you sign.

Our free divorce financial calculator can help you start to understand the shape of your financial settlement before you begin drafting any legal documents.