A clean break order is a court order that ends all future financial claims between you and your ex — over income, capital, property and pensions — so neither of you can come back for more money later. Crucially, getting divorced does not do this on its own: without a clean break order, your ex’s financial claims stay open, sometimes for years or decades.
This is one of the most misunderstood points in the whole divorce process. People assume the Final Order that ends the marriage also closes the money side. It does not. This guide explains what a clean break order actually is, why divorce alone leaves you exposed, who can realistically get one, and the exact route — usually costing a £60 court fee — to make it binding. Everything here is for England and Wales.
Before you rely on this
This is general information for England and Wales, not legal advice. A clean break is not right for every family, and getting the wording wrong can leave a claim open that you thought was closed. If your finances involve a business, significant pensions, or any dispute, get advice from a family lawyer before you file.
Quick answer: what is a clean break order?
A clean break order is a type of financial order (usually a consent order) that dismisses each person’s claims against the other for maintenance, lump sums, property and pensions. Once a judge approves it, the financial relationship between you is closed for good: if your ex wins the lottery, inherits, or builds a business next year, they cannot claim a share — and neither can you.
The court’s power to make one comes from section 25A of the Matrimonial Causes Act 1973, which actually requires the court to consider whether a clean break is possible in every case. Where the finances allow it, a clean break is usually the goal — it lets both people genuinely move on.
Why isn’t the divorce itself enough?
Ending the marriage and ending the financial claims are two separate legal steps. The divorce process gives you a Final Order that dissolves the marriage. It says nothing about money. Your financial claims — and your ex’s against you — survive the divorce and stay open until a court dismisses them.
This is not a technicality. There are real cases of ex-spouses making financial claims many years after the divorce, because no financial order was ever made. The gap is invisible until it bites: you feel divorced, you have moved on, and then a claim lands on assets you built up long after separating. A clean break order is the thing that shuts that door.
The most common mistake
Believing that “we had nothing to argue about, so we did not bother with a financial order.” If there is nothing to divide, that is exactly when a simple clean break order is cheapest to get — and exactly what protects your future assets from a claim.
Types of clean break
“Clean break” describes an outcome, not a single document. It can take a few shapes:
| Type | What it does | Typical use |
|---|
| Full (immediate) clean break | All claims — income and capital — dismissed now, often after dividing assets | Both people can meet their own needs going forward |
| Capital clean break with maintenance | Capital claims dismissed now; spousal maintenance continues for a term | One person needs support for a fixed period before independence |
| Deferred clean break | The break takes full effect at a future trigger, e.g. when the house is sold or a term of maintenance ends | A clean break is the goal but cannot happen immediately |
A true clean break ends income claims too. If spousal maintenance continues, you have a clean break on capital but not yet on income — the full break arrives when that maintenance term ends. Our guide to spousal maintenance explains how term orders are built to reach a clean break at the end.
Who can realistically get a clean break?
A clean break is most achievable where both people can stand on their own financially. That is easier when:
- Both of you have your own income, or the capital split leaves each able to meet your needs.
- There are no dependent children needing ongoing support from one of you, or child arrangements are handled separately.
- The assets can be divided fairly now, rather than needing years of maintenance to balance out.
It is harder — sometimes impossible for now — where one person cannot yet meet their reasonable needs without ongoing support, typically after a long marriage or a career given up to raise children. In those cases the court may order maintenance first and a clean break later. A judge will not approve a clean break that leaves someone unable to meet their needs.
How to get a clean break order, step by step
If you agree on the finances, you do not need a contested court hearing. The route is a consent order approved on paper:
- Agree the split. Decide how assets, debts and pensions are divided and whether any maintenance is payable. Full and frank disclosure of both financial positions comes first — usually via Form E — so the deal is fair and durable.
- Have the consent order drafted. The order sets out the agreed terms and the clean break wording that dismisses future claims. Because the wording decides what is actually closed, this is the part most worth getting professionally checked.
- Complete the D81. This is the statement of information the judge uses to sanity-check fairness — a summary of both people’s finances. GOV.UK requires it alongside the consent order.
- Apply to the court. Send the signed consent order, two copies, the D81 and the court fee to the Financial Remedy hub. As GOV.UK puts it, “there’s usually no court hearing. A judge will approve your consent order to make it legally binding if they think it’s fair.”
- Timing note. A financial order can only take effect once your divorce has reached the required stage (Conditional Order), and a clean break fully bites once the Final Order is made.
Our guide to consent orders, the D81 and making your agreement binding walks through this final stretch in detail, and what happens after Form E is exchanged covers how you get to an agreement in the first place.
What does a clean break order cost?
The unavoidable cost is the court fee. As checked on 9 July 2026, GOV.UK listed the fee to apply for a financial (consent) order as £60. On top of that, you may choose to pay for the order to be drafted or checked.
| Cost | Typical amount | Needed? |
|---|
| Court fee (consent order application) | £60 (as at 9 July 2026) | Yes — unavoidable |
| Drafting / legal check of the order | A few hundred pounds upwards | Optional but often wise |
| Full solicitor-run negotiation | Considerably more | Only if the case is disputed or complex |
You may be able to get help with the £60 fee if you are on a low income or certain benefits. Compared with the cost of a claim landing years later, a clean break order is one of the cheapest pieces of protection in the whole process. Divvio helps you get the disclosure right — the accurate Form E your agreement should be built on — so the consent order that follows rests on solid ground. You can start your Form E online for free and pay only when you export.
When a clean break is not right for you
A clean break is protective, but it cuts both ways: once your claims are dismissed, you cannot come back if your circumstances worsen. Think carefully — and get advice — before agreeing one if:
- You cannot yet meet your own reasonable needs and would be giving up a maintenance claim you may need.
- There are significant pensions that have not been properly valued and shared — see our guide to pension sharing orders.
- One person’s finances are uncertain or not fully disclosed — a clean break built on incomplete disclosure can later be set aside, but that is a fight you do not want.
- A business, inheritance, or future asset makes “walking away now” a bigger gamble than it looks.
This is the honest limit of doing it yourself: the mechanics of a consent order are manageable, but whether a clean break is the right outcome — and whether the wording truly closes what you think it closes — is exactly where a family lawyer’s judgement earns its fee.
Frequently asked questions
What is a clean break order?
It is a financial court order that dismisses all future financial claims between divorcing spouses — maintenance, lump sums, property and pensions. Once approved by a judge it is legally binding, so neither person can make a financial claim against the other later, whatever happens to their money.
Do I need a clean break order if we have already divorced?
Usually yes. The divorce ends the marriage but not the financial claims, which stay open until a court dismisses them. Without a clean break order, an ex-spouse can make a financial claim years later — even against assets you build up after separating.
How much does a clean break order cost?
The court fee to apply for the financial (consent) order was £60 as checked on 9 July 2026. You may also choose to pay to have the order drafted or checked. Help with the court fee may be available if you are on a low income or certain benefits.
Can I get a clean break order without a solicitor?
Yes, if you and your ex agree on the finances. You can complete the consent order and D81 yourselves and send them to the court with the fee. Because the wording decides what is actually closed, many people still have the draft checked by a solicitor before filing.
Can a clean break order include maintenance?
It can include spousal maintenance for a fixed term, with a full clean break taking effect when that term ends — a capital clean break now, income clean break later. A pure clean break, by contrast, ends all income and capital claims immediately.
Can a clean break order be overturned?
Only in limited circumstances — most commonly where one person did not give full and frank financial disclosure, or where there was fraud or a significant unforeseen event. This is why honest, complete disclosure on Form E matters: it is what makes the order durable.