What is a Clean Break Order?

Navigating the complex world of divorce proceedings can be daunting, especially when it comes to financial matters. A clean break order is one solution that can sever all financial ties between the two parties, leading to a ‘clean break’ and a fresh start.

In this article, we explain everything you need to know about a clean break order, including its advantages, disadvantages and how you could obtain one.

What is a Clean Break Order?

Simply put, a clean break order is a legal agreement that stops financial ties between you and your ex-spouse. That means they can’t claim any of your money or assets in the future, even if you suddenly come into a lot of money, like winning the lottery or receiving a large inheritance. 

Disadvantages of a Clean Break Order

While it might seem like a good idea to cut all financial ties with your ex, a clean break order might not be the best option for everyone. If one person relied on the other for money during the marriage, they could end up struggling financially. Also, keep in mind that clean break orders only cover money and assets, not child maintenance. So you’ll need to sort out child support separately.

Do Both Parties Need to Agree to a Clean Break Order?

For a clean break order to be issued, both parties ideally need to agree on the financial settlement. However, if an agreement cannot be reached, it might be necessary to go to court and let a judge make the decision. The judge will review both parties’ financial situations and make a fair decision, which can still result in a clean break order being enforced.

We would advise for there to be full and frank disclosure before agreeing to a clean break order, but if not, the parties need to fill out a statement of information, which accompanies the consent order when it is sent to the judge. This includes a financial snapshot.

Do I Need a Solicitor for a Clean Break Order?

While it’s not a legal requirement to hire a solicitor to apply for a clean break order, it is highly recommended. Family law can be tricky, and if you’re not careful, you might make a decision that’s not the best for you. Solicitors will not only ensure that all necessary paperwork is correctly completed and submitted but will also provide crucial advice on whether a clean break order is the most suitable option for your circumstances.

Why Get a Clean Break Order?

Despite its potential disadvantages, a clean break order can provide several benefits. It provides financial independence and security, giving each party the confidence that they won’t face unexpected financial claims in the future. It also allows both parties to move on from the marriage without lingering financial ties.

Get in touch with Goodwins Family Law if you need advice and support for a clean break order or anything regarding your divorce. Goodwins is a London-based firm with over 30 years’ experience and an excellent client satisfaction rate. Our divorce solicitors have extensive experience in handling clean break orders and can provide you with the legal expertise you need to reach a fair and favourable outcome. 

Book a consultation now.