When can I get a Clean Break and What Happens if I don’t get one?

If you are going through a divorce, one of the most important financial questions you will face is whether you can get a clean break. The idea of drawing a clear line under everything, knowing your ex cannot come back with financial claims in the future, is understandably appealing. But when can you get a clean break, and what happens if you do not?

This guide covers exactly that. We look at what a clean break financial order is, when you qualify, what can prevent one, and what the risks are of leaving your finances unresolved after divorce. For a deeper look at the full consent order process, our Ultimate Guide to Financial Consent Orders covers everything from application to court approval.

What Is a Clean Break in Divorce?

A clean break is a legal arrangement that permanently ends all financial claims between divorcing spouses. Once a clean break order is in place, neither party can make any future financial claims against the other, no matter how circumstances change.

This covers everything: property, savings, pensions, and any assets either of you may acquire in the future. A clean break gives both parties genuine financial independence and the certainty to move forward.

It is achieved through a clean break consent order, a legally binding court order that records the financial agreement you have reached and formally closes all financial claims. A consent order can only be obtained when you are getting divorced. It is not available to cohabiting couples, who would need to pursue a different legal route.

What Is a Clean Break Consent Order?

A clean break consent order is the legal document that makes your financial agreement binding and brings all financial claims to a permanent close. The word “consent” means both parties have agreed to the terms. Once approved by the court, it becomes a court order that can be enforced if either side does not comply.

It is important to understand that an informal agreement, even one written down and signed by both of you, is not legally binding. Without a consent order approved by the court, either party can still make financial claims in the future. This is one of the most common and costly mistakes divorcing couples make.

You can reach the financial agreement needed for a consent order in a number of ways. Family mediation is the government’s and the courts’ preferred method of dispute resolution. It allows both parties to work through financial matters with the support of an impartial mediator, giving you more control over the outcome than a judge would.

When Can I Get a Clean Break?

You can get a clean break when all of the following apply:

• You and your spouse have agreed on how to divide all financial assets, including property, savings, pensions, and debts
• There are no ongoing financial obligations between you, such as spousal maintenance payments
• You are going through a divorce or dissolution of a civil partnership (not just a separation)
• Both parties consent to the terms of the agreement

In straightforward cases where both parties have similar financial positions and there are no dependants or complex assets, a clean break is often achievable relatively quickly. In more complex cases, you may need to consider the factors below before one becomes possible.

What Happens If You Do Not Get a Clean Break?

Not getting a clean break order leaves you financially exposed to your former spouse, potentially for the rest of your life. Here is what that can mean in practice.

Future Financial Claims

Without a clean break, either party can make financial claims against the other at any point after the divorce. This includes claims on assets you acquire after the marriage has ended, such as an inheritance, a pension you build up in a new job, or property you purchase with a new partner.

The courts have wide discretion when it comes to financial remedy claims. Even if several years have passed and circumstances have changed significantly, a claim can still be made. There are well-known cases where former spouses have successfully claimed against lottery winnings or significant inheritances received many years after divorce.

Remarriage and New Relationships

If you remarry without a clean break in place and your new spouse and you accumulate assets together, your former spouse could potentially make a claim on those too. This creates ongoing legal and financial uncertainty that can affect not just you but your new family as well.

It is worth knowing that remarriage does extinguish your own right to make a financial claim against a former spouse if you have not already done so, but it does not prevent your former spouse from making claims against you. Getting a clean break before or shortly after remarriage removes this risk entirely.

The Cost of Getting It Wrong

Contested financial remedy proceedings can cost tens of thousands of pounds and take years to resolve. The cost of a consent order is a fraction of that. For context, our fixed-fee packages make the process straightforward and affordable, with no hidden costs.

What Can Prevent a Clean Break?

There are certain financial arrangements that make a full clean break difficult or impossible to achieve. The three most common are spousal maintenance, Mesher orders, and deferred pension sharing.

Spousal Maintenance

Spousal maintenance is a regular payment made by one former spouse to the other, typically where there is a significant income gap or where one party gave up their career to raise children. Because it creates an ongoing financial tie, it prevents a clean break.

However, it may be possible to achieve a clean break by agreeing a lump sum payment instead of ongoing monthly payments. This capitalises the maintenance into a single figure, paid once, allowing both parties to draw a line underneath their finances. Whether this is suitable depends on the specific circumstances and usually benefits from financial advice.

Mesher Orders

A Mesher order allows one party to remain in the family home until a trigger event, such as the youngest child turning 18, at which point the property is sold and proceeds divided. Because both parties retain an interest in the property, this does prevent a full clean break on the property element.

It is possible to achieve a clean break on all other financial matters while a Mesher order remains in place on the property. Legal advice is important here, as there may be other ways to structure the property arrangement that allow for a cleaner separation of finances overall.

Child Maintenance

Child maintenance is completely separate from a clean break financial order and does not prevent one. Child maintenance is governed by the Child Maintenance Service (CMS) and is paid for the benefit of the children, not the former spouse. Both parties have an ongoing legal obligation to financially support their children regardless of any clean break arrangement.

How to Get a Clean Break Through Mediation

Mediation is one of the most effective routes to reaching the financial agreement needed for a clean break consent order. It is also the method preferred by the courts and the government. Here is how the process typically works.

• Step 1, MIAM: both parties attend a Mediation Information and Assessment Meeting individually to understand the process and assess whether mediation is suitable. You can book your MIAM here.
• Step 2, financial disclosure: both parties share full details of their financial position. This is a legal requirement regardless of how you reach your agreement.
• Step 3, joint sessions: you and your former spouse meet with a mediator to work through the financial issues and explore solutions. Most couples reach agreement in 2 to 4 sessions.
• Step 4, Memorandum of Understanding: the mediator records your agreement in a document called a Memorandum of Understanding. This is not yet legally binding.
• Step 5, consent order: a solicitor or specialist service drafts the consent order from your agreement and submits it to the court for approval. Once approved, your clean break is legally binding.

At Mediate UK, we offer fixed-fee packages that combine mediation with the legal drafting of your consent order, so the whole process is joined up and straightforward.

Frequently Asked Questions