Many people think that once they are divorced, their financial ties are automatically cut.
They are not.
A divorce legally ends your marriage. It does not automatically end the financial claims you and your ex-spouse may have against each other.
That is where a divorce clean break order comes in.
A divorce clean break order is a court-approved financial order that prevents future financial claims between ex-spouses after divorce. It means your ex cannot come back later and make a claim against your income, savings, property, pension, inheritance or future wealth.
Put simply, if you want to properly draw a line under the financial side of your marriage, you need a financial order. In some cases, that order will be a clean break order.
What is a divorce clean break order?
A divorce clean break order is a financial order made by the court during divorce proceedings.
Its purpose is to end the financial claims between you and your ex-spouse, so neither of you can come back years later and make a claim against the other.
This matters because divorce on its own does not protect you financially.
Even if you have already divided everything between yourselves, even if you have no assets, and even if you have been divorced for years, financial claims can remain open unless they are dismissed by a court order.
A clean break order can protect against future claims on income, savings, property, pensions, inheritance, business assets and future wealth.
This is why a clean break order is not just paperwork.
It is financial protection.
What does a clean break order mean in divorce?
A clean break order means both parties agree to walk away financially from the marriage, with no ongoing financial claims against each other.
Once approved by the court, it means neither person can claim maintenance from the other in the future, neither person can claim against the other’s future income or assets, and the financial claims from the marriage are dismissed.
The key point is this:
A divorce ends the marriage.
A clean break order ends the financial claims.
Without one, you may be divorced, but your financial ties may still be open.
Do I need a clean break order if we have no assets?
Yes, in many cases, this is exactly when a clean break order is most important.
A lot of people assume they do not need a financial order because there is nothing to divide.
That is a mistake.
A clean break order is not just about what you have now. It is also about protecting what you may have in the future.
You may not have much today, but your circumstances could change. You could buy a house, build a business, receive an inheritance, increase your savings, grow your pension, get a better-paid job or receive a financial windfall.
Without a clean break order, your ex-spouse may still be able to make a financial claim in the future.
That does not mean they would automatically win. But it does mean the door may still be open.
A clean break order closes that door.
Is a clean break order the same as a consent order?
Not exactly.
A consent order is the legal document that sets out the financial agreement between divorcing spouses and asks the court to approve it.
A clean break order is a type of financial order that dismisses future claims. In many cases, clean break clauses are included inside a wider consent order.
The easiest way to think about it is this:
A consent order records the financial agreement.
A clean break order ends future financial claims.
If you have no assets to divide and no ongoing financial commitments between you, you may need a simple clean break order.
If you have property, pensions, savings, debts or other assets to divide, you may need a wider consent order that includes clean break clauses.
Can you get a clean break order if you have children?
Yes, but it depends what you mean by clean break.
A clean break order does not remove your responsibility to support your children. Child maintenance is dealt with separately and cannot simply be dismissed by a clean break order.
However, it may still be possible to achieve a clean break between the spouses themselves. For example, the order may dismiss future claims for spousal maintenance while child maintenance continues separately.
This is where people often get confused.
Having children does not automatically mean you can never have clean break terms. It means the court will want to make sure the children’s needs have been properly considered and that the financial agreement is fair.
If there are children, property, pensions or ongoing financial arrangements, you are more likely to need a full consent order rather than a basic clean break order.
When is a clean break order suitable?
A clean break order is most suitable where both people are financially independent and there are no ongoing financial commitments between them.
It may be suitable if you have no assets to divide, have already divided your finances, have no jointly owned property, have no pensions to share, and neither person needs spousal maintenance.
It is often used by couples who have had a short marriage, kept their finances separate, or simply have no assets to divide.
But it can also be useful in other cases where everything has already been agreed and both people want final financial certainty.
When is a clean break order not suitable?
A basic clean break order may not be suitable if there are financial issues that still need to be dealt with.
For example, if you own a house together, one person is buying the other out, there are pensions to divide, one person is paying spousal maintenance, or there are savings, debts or business assets involved, you may need a wider consent order instead.
This does not mean you cannot have a clean break.
It means the clean break clauses may need to sit inside a fuller financial agreement.
That is important because the court will not simply approve an agreement because both people have signed it. The judge still needs to be satisfied that the agreement is fair.
Which financial order do you need?
The right order depends on your financial situation.
If you have no assets to divide, no pensions to share and no ongoing financial support between you, a clean break order may be enough.
If you have property, savings, pensions, debts or other assets to divide, you will usually need a consent order with clean break clauses included.
If your agreement includes pension sharing, you will need a pension sharing consent order.
The main question is not just, “Are we divorced?”
The better question is, “Have we legally ended the financial claims?”
If the answer is no, you may still need a financial order.
If you are unsure which option applies to you, read our full guide to what is a financial order in divorce.
Can my ex claim money from me after divorce?
Yes, they can try to make a financial claim after divorce if there is no financial order in place.
This is one of the biggest misconceptions about divorce.
People often believe that once the final order has been granted, everything is finished.
Legally, the marriage is finished. Financially, it may not be.
Without a clean break order or consent order, financial claims can remain open. That means your ex-spouse may be able to make a claim later, even years after the divorce.
This could become a problem if your financial position improves after divorce.
For example, if you later receive an inheritance, build a successful business, increase your pension, buy a property or receive a financial windfall, your ex may argue that they are entitled to make a claim.
Again, that does not mean they would automatically succeed.
But the risk is still there.
A clean break order is designed to remove that risk.
When can you apply for a clean break order?
You can apply for a clean break order once your conditional order has been granted as part of the divorce process.
The conditional order is the stage in the divorce process where the court confirms that you are entitled to divorce.
Once the conditional order has been granted, the financial order can be submitted to the court for approval.
The order only becomes legally binding once it has been approved by the court and the divorce has reached the correct stage.
How do you get a clean break order?
To get a clean break order, you need to prepare the correct legal documents and submit them to the court.
This normally includes a draft clean break order, a statement of information form known as Form D81, the court fee, details of your financial circumstances and confirmation that both parties agree.
The court then reviews the paperwork.
If the judge is satisfied that the order is fair and properly drafted, the order will be approved.
If the judge has concerns, the court may ask questions or request changes before approving it.
This is why the drafting matters. A clean break order needs to be prepared properly. It is not enough to simply write down between yourselves that neither person will make a claim.
How much does a clean break order cost?
The court fee for applying for a financial order by consent is currently £60.
That is the court fee only. If you use a solicitor or professional service to prepare the order, there will be a separate fee for preparing the paperwork.
At Easy Online Divorce, our clean break order service is a fixed fee of £399 plus the court fee.
This includes preparing the clean break order, preparing the D81 statement of information, managing the signing process and submitting the order to the court.
What happens if you do not get a clean break order?
If you do not get a clean break order, your financial claims may remain open after divorce.
That can leave you exposed to future claims from your ex-spouse.
This is true even if you have already divorced, have no assets now, verbally agreed not to claim from each other, divided everything yourselves, moved on, or have been separated for years.
A verbal agreement is not enough.
A written agreement between yourselves is not enough.
Even a divorce final order is not enough.
If you want financial claims dismissed, you need a court-approved financial order.
Is a clean break order worth it?
Yes, if you want certainty and protection.
A clean break order is often one of the most sensible steps you can take during divorce, especially if you have no assets to divide and want to make sure neither person can make a future claim.
It is not about being difficult.
It is not about expecting problems.
It is about making sure your divorce actually gives you the clean break you think you already have.
Without it, you may be leaving an unnecessary risk open.
Divorce clean break order key points
A divorce does not automatically end financial claims.
A clean break order prevents future financial claims between ex-spouses.
It can protect future income, savings, pensions, inheritance, property and business assets.
You can apply after the conditional order stage of divorce.
The court must approve the order before it becomes legally binding.
If you have assets, pensions, property or ongoing commitments, you may need a wider consent order.
Child maintenance cannot be dismissed by a clean break order.
Without a court-approved financial order, future claims may remain open.
How Easy Online Divorce can help
At Easy Online Divorce, we help people put the right financial protection in place after divorce.
If you have no assets to divide and want to prevent future claims, our clean break order service may be the right option.
If you have property, pensions, savings, debts or other financial arrangements to record, you may need a consent order instead.
We will help you understand which service is right for your situation, prepare the paperwork, manage the signing process and submit everything to the court.
Our clean break order service is fixed fee, handled by our UK-based team, and designed to make the process simple without the high cost of traditional solicitors.
To get started, call us on 0204 530 8101 or visit our clean break order service page.
Frequently asked questions
Do I need a clean break order if I have no assets?
Yes. A clean break order can still protect you from future financial claims, even if there are no assets to divide now. It protects you if your financial position changes after divorce.
Can my ex claim money from me after divorce?
Yes, they can try to make a financial claim after divorce if there is no financial order in place. Divorce ends the marriage, but it does not automatically dismiss financial claims.
Is a clean break order the same as a consent order?
No. A clean break order dismisses future financial claims. A consent order can record a wider financial agreement, including property, pensions, savings, debts and clean break clauses.
When can I apply for a clean break order?
You can apply once the conditional order has been granted in the divorce process. The court cannot approve the financial order before this stage.
Can I get a clean break order without my ex agreeing?
A clean break order by consent requires agreement. If your ex will not agree, you may need legal advice about making a financial application to the court.
Does a clean break order stop child maintenance?
No. Child maintenance is dealt with separately. A clean break order can dismiss financial claims between spouses, but it does not remove the responsibility to support children.
What happens if the court rejects the clean break order?
If the judge has concerns, the court may ask for clarification or request changes. This is why the order and D81 statement of information need to be prepared properly before submission.
