Clean Break Orders

A clean break order commonly refers to an order that is made during or after a divorce or dissolution of a civil partnership. This type of order effectively severs all financial ties between the separating couple, creating a financial “clean break” between them. Once this order has been approved by the court, neither spouse can then make a claim against the other’s assets, including any property, wealth and pensions.

Our solicitors can discuss your case with you to decide if a clean break order is right for your specific situation. If it is, we will aid you in every aspect of this process, allowing you the time to focus on yourself and move on with your life.

Our team of expert solicitors understand that any separation process is difficult, so we take extra steps to ensure that you are comfortable and treated with the respect that you deserve. We will make sure that any questions you have are answered and that your concerns are addressed.

Our team also follow the Resolution Code of Practice and Family Law Protocol.

Contact our Clean Break solicitors

To get in touch with one of our friendly members of staff, you can call us on 0330 404 5878 or email us at [email protected]. You can also use our contact form to request a call-back.

How can we help?

Our expert team of solicitors at Family Law Partners have many years of experience guiding clients through the divorce process, from smaller and simpler cases to far more complex cases involving high-value assets. We provide a stable and calm environment in what can often be a stressful process, providing expert legal advice that is always tailored to our client’s circumstances.

In terms of clean break financial orders, our solicitors are well versed in this aspect of the law, having helped many clients sever financial ties with their ex-partners amicably. We make sure to keep your stress to a minimum, handling the majority of the process on your behalf. We believe that contrary to popular belief, the divorce process does not always have to be contentious, so we do everything we can to keep negotiations peaceful and calm.

We also understand that transparency is vital during separation proceedings, so we will keep you updated on every part of the process, so you won’t ever have to worry about any unpleasant surprises.

Our clean break order services

Our clean break order services include:

• General legal advice regarding your divorce and financial circumstances
• Drafting of the clean break order application as well as submission to the court
• Review and amendments – before submitting, our solicitors will meticulously review the document with you
• Legal representation – should it be needed, our solicitors will provide excellent representation in court

Frequently asked questions

What is a clean break order?

A clean break order is a type of order granted by the court. This order severs any financial ties between two divorcing partners, therefore providing a “clean break”. It is important to note that once a clean break order has been approved by the court, neither spouse will be able to make any claims against each other in the future. This includes any claims for property, wealth, or pensions.

Is a clean break order the same as a financial order?

No, a clean break order is not the same as a financial order. A clean break order is a specialised type of financial order, which severs all financial ties between the separating couple. Financial orders can encompass a wide range of court orders, including property division and financial arrangements, so whereas a clean break order is a type of financial order, not all financial orders will be a clean break order.

Is a clean break order automatic on divorce?

No, a clean break order is not automatic upon divorce. This is a legal process that must be actively pursued if they wish to have a clean break with their finances. Divorce proceedings do typically include discussions and negotiations, but they do not stipulate that there must be a clean break – whereas a clean break order is specialised to sever the finances between a separating couple. It is important to note that both parties will need to agree on the terms and conditions of the clean break and get the court’s approval. Our solicitors will be able to provide you with guidance should you wish to have a clean break order and will assist you with the application process.

What is the difference between a consent order and a clean break order?

Whilst consent orders and clean break orders are similar, a consent order outlines and formalises a financial agreement reached between a separating couple regarding assets, income, property, debts and pensions and how they will be split between the two parties. A clean break order, however, is a specialised type of order that severs the financial ties of the two parties completely, to prevent any financial claims from either partner from happening in the future. This order is usually employed when both parties wish to have complete financial independence without any ties between them.

How long does a clean break order take?

Each case is different, and how long it takes to get a clean break order will vary as a result of different factors, such as the complexity of the financial assets, how contentious the separation is and how long negotiations take. In more simple cases, we may be able to finalise the order swiftly, however, for more complicated cases it may take longer.

Our solicitors will be able to assess your case beforehand and provide a rough timeframe for how long we expect your case will take.

What should I do if my ex won’t sign a clean break order?

If your ex-spouse is disagreeable with a clean break order and negotiations do not improve the situation, there are a few options available to you.

One possible route would be to consider a consent order, which will outline how your finances and assets will be divided without necessarily severing all financial ties.

Alternatively, you could also take the matter to court. The courts do have the ability to grant a clean break order, but this will require you and your ex-spouse to provide full financial disclosure. It is important to note that litigation proceedings are often expensive and time-consuming, so we recommend consulting with our solicitors to decide on what is the best option for your situation.

Contact our Clean Break solicitors

If you would like an appointment with one of our specialists in Brighton, London, Horsham, Tunbridge Wells, Ascot, Chelmsford, Eastbourne, Fleet, Petersfield or Winchester then please contact us on 0330 055 2234.