What is a clean break?

What is a clean break?

A clean break is a type of financial order that ends all financial claims between divorcing spouses. Once you have a clean break order, neither of you can make any future financial claims against the other – ever.

This means:

• No future claims for a share of assets
• No future claims for spousal maintenance
• No claims if one of you later becomes wealthy
• No claims if one of you inherits money
• No claims if one of you wins the lottery

A clean break provides finality and certainty. You can both move forward knowing that your financial separation is complete.

Why clean breaks matter

Without a clean break order, financial claims remain open indefinitely. The cases of Wyatt v Vince and others show that claims can be made decades after divorce:

Wyatt v Vince – Kathleen Wyatt claimed against Dale Vince’s £100 million business 20 years after their divorce.

Nigel Page case – After winning £56 million on EuroMillions, his ex-wife (divorced 10 years earlier) made claims because they had no financial order.

These cases demonstrate that without a clean break, your financial future remains tied to your ex-spouse no matter how much time passes.

What a clean break covers

A clean break order dismisses claims for:

• Lump sums – one-off capital payments
• Property adjustment – transfers or sales of property
• Pension sharing – division of pension rights
• Periodical payments (maintenance) – ongoing income support

Once dismissed, these claims cannot be revived, even if circumstances change dramatically.

What a clean break doesn’t cover

Child maintenance

Claims for child maintenance can never be permanently dismissed by a clean break. Even if you have a consent order including child maintenance, either parent can apply to the Child Maintenance Service after 12 months, which will override the agreed amount.

This is because child maintenance is the child’s right, not the parents’, and courts cannot permanently deprive children of financial support.

Existing obligations

A clean break doesn’t cancel obligations already agreed. If your consent order says you’ll pay your ex £50,000 when the house sells, you still owe that. The clean break prevents future claims, not existing ones.

When clean breaks are possible

A clean break is appropriate when both parties can be financially independent immediately or within a foreseeable time. Courts consider:

Can both rehouse? Each person needs the ability to secure housing. If one person would be homeless without ongoing support, a clean break may not be fair.

Can both meet living expenses? Each person should be able to pay their bills. If one has no income and limited prospects, immediate clean break might not work.

Are there children? The primary carer may need time to return to work. A clean break might be deferred until children are older.

What’s the financial picture? If there are sufficient assets to divide so both can be independent, clean break is more achievable.

Types of clean break

Immediate clean break

All claims are dismissed immediately upon the consent order taking effect. Both parties have agreed their settlement and need nothing further from each other.

This is ideal where:

• Both can meet their housing and income needs
• Assets have been divided fairly
• Neither requires ongoing support

Deferred clean break

Spousal maintenance is paid for a defined period, after which all claims are dismissed. This gives one party time to become financially independent.

Example: Maintenance of £1,500 per month for 3 years while the recipient retrains and returns to work, followed by a clean break.

The order can include a “bar” preventing the recipient from asking for the term to be extended.

Nominal maintenance leading to clean break

Very small maintenance (perhaps £1 per year) is ordered, keeping the door open for variation if circumstances change, but with a review date when a clean break will be considered.

This is used when immediate clean break seems right but there’s uncertainty – for example, about the recipient’s ability to find work.

Getting a clean break order

A clean break is included in your consent order. The order will contain words like:

“All claims for capital and income that each party may have against the other under the Matrimonial Causes Act 1973 shall stand dismissed.”

Your solicitor will ensure the wording is comprehensive enough to cover all potential claims.

When courts won’t order a clean break

Courts have a duty to consider clean break in every case, but they won’t order one if it would cause undue hardship. Situations where clean break may be inappropriate include:

• One party has no realistic prospect of employment
• Long marriage where one party has been out of the workforce for decades
• Serious illness or disability affecting earning capacity
• Care of very young children prevents employment
• Insufficient assets to divide fairly

In these cases, ongoing maintenance may be necessary.

The advantages of a clean break

Certainty

You know exactly where you stand. No one can come back for more.

Independence

Your financial futures are separate. Your ex’s success or failure doesn’t affect you.

Fresh start

You can plan your life without concern about future claims.

Remarriage protection

If you remarry and your new spouse becomes wealthy, your ex cannot claim against that wealth.

Simplicity

No ongoing financial relationship to manage.

The disadvantages

Inflexibility

If your circumstances change badly (illness, job loss), you can’t go back to your ex for support.

Finality

If you later discover hidden assets, you generally can’t reopen the settlement.

Pressure

You might feel pressured to agree to less than you deserve just to achieve a clean break.

Clean break vs ongoing maintenance

The choice depends on your circumstances:

There’s no right answer – it depends on what’s fair given your situation.

Even with no assets, get a clean break

Some couples assume that if they have nothing to divide, they don’t need a financial order. This is wrong.

A clean break order protects you from future claims. Even if you have no assets now, you might later inherit money, build a business, or win the lottery. Without a clean break, your ex could claim against future wealth.

The court fee is £60, and a simple clean break order can be drafted affordably. It’s worth the investment for peace of mind.