Clean break orders explained

What is a clean break?

A clean break is a financial arrangement on divorce where both parties’ financial ties to each other are permanently severed. Once a clean break order is made:

• Neither party can claim maintenance from the other
• Neither party can make capital claims against the other
• Neither party can inherit from the other under the Inheritance (Provision for Family and Dependants) Act 1975

A clean break order is usually part of a broader consent order or financial remedy order, and includes an explicit dismissal of all future claims.

Why a clean break matters

Without a clean break, financial claims remain open. A former spouse could, in theory:

• Apply for spousal maintenance years after the divorce
• Make capital claims if your financial position improves dramatically
• Make a claim against your estate when you die

This is not hypothetical. There are real cases of former spouses making financial claims years or decades after divorce, because no clean break was obtained.

A clean break provides certainty. Once it’s made, you can move on financially without the risk of a future claim.

When courts favour a clean break

The court has a duty to consider whether a clean break is appropriate in every financial remedy case (Section 25A of the Matrimonial Causes Act 1973).

Courts favour clean breaks where:

• The assets are sufficient to meet both parties’ needs without ongoing maintenance
• Both parties are working and financially self-sufficient
• The marriage was short
• There are no children living with either party who need financial support through one parent

When a clean break isn’t immediately possible

A clean break is not always achievable, particularly where:

• One party has significantly lower income and needs financial support
• One party has been out of the workforce (perhaps caring for children) and needs time to rebuild earning capacity
• There is a significant disparity in earning capacity that can’t be quickly resolved

In these cases, alternatives include:

Term maintenance with a clean break

Maintenance is paid for a fixed period — say three to five years — after which all claims are dismissed. This gives the lower-earning party time to adjust while limiting the higher earner’s ongoing liability.

Capitalised maintenance (a Duxbury calculation)

The court (or the parties) calculate the lump sum equivalent of the maintenance the lower-earning party needs, and that lump sum is paid instead of ongoing maintenance. All claims are then dismissed.

Deferred clean break

Maintenance continues indefinitely, but with provisions that prevent the recipient from making capital claims. A full clean break is achieved later — perhaps when children leave full-time education.

Clean break and the family home

If the family home is being sold and the proceeds divided, a clean break is straightforward — both parties receive their share and all claims end.

Where the family home is being transferred to one party (or there is a Mesher order delaying sale), the clean break can still be achieved on capital — but the party transferring their share needs to ensure they’re receiving equivalent value elsewhere, otherwise a court may not approve it as fair.

Clean break and children

A clean break applies only to financial claims between spouses. It has no effect on:

• Child maintenance (dealt with through the CMS or by agreement)
• Child Arrangements Orders
• School fees or other child-specific financial arrangements

Including a clean break in a consent order

When you apply for a consent order, the clean break provision is included in the draft order itself. It typically includes:

• Dismissal of each party’s claims for periodical payments (maintenance)
• Dismissal of each party’s claims for lump sums
• Dismissal of each party’s property adjustment claims
• Dismissal of pension sharing claims
• A bar on applications under the Inheritance Act

Make sure your order explicitly deals with all heads of claim — a clean break that inadvertently omits one type of claim may leave a gap that could be exploited later.