Clean Break Orders

A clean break order is a specific type of financial court order that formally ends all financial claims between divorcing or separating couples, once and for all. It prevents either party from making financial claims against the other in the future.

Without a clean break order, a former spouse retains the ability to apply to court for financial provision — even many years after the divorce. This risk remains regardless of whether the divorce was amicable, and it can cause significant uncertainty, particularly if one party later comes into money or receives an inheritance.

A clean break can be achieved in different ways. An immediate clean break resolves all financial matters at the point of divorce and cuts ties entirely. A deferred clean break is used where one party requires maintenance for a period of time before becoming financially independent — maintenance payments are agreed for a fixed term, after which the clean break takes effect.

Clean breaks are not always appropriate. In longer marriages, where one party has significantly lower earning capacity or where there are ongoing care responsibilities for children, the court may not agree that a clean break is fair. Each case is assessed on its own merits.

At Terence Ray Solicitors, we advise clients on the suitability of a clean break arrangement for their specific circumstances and help structure an agreement that provides long-term financial security.

Call 020 3367 1430 or email info@trsolicitors.co.uk.