Clean break orders — ending financial claims forever

REVIEWED BY: Sean McNamara on 2026-08-30

A clean break order is a financial consent order that not only divides the assets but also dismisses both parties' rights to make any further financial claims against each other — forever. It is the financial end of the marriage as well as the legal end. This guide explains what a clean break does, when courts approve one, and when they don't. It is general information, not legal advice.

Why you need one

Divorce alone does not end financial claims. Without a court order:

Either of you can bring a financial remedy claim at any time in the future — after a lottery win, an inheritance, a business sale, a property boom, even decades later
Claims die only on remarriage — by the party remarrying (they then lose their own claims), which is a harsh and accidental way to end the question
Banks and mortgage lenders increasingly ask for a financial order before lending

A clean break order is the cheap, definitive fix: filed with a D81, £62 fee, no hearing in straightforward cases.

What a clean break order contains

The agreed division (or a statement that there are no assets to divide, or each keeps what they hold)
Where relevant: property transfer, lump sums, pension sharing, debt allocation
The operative clause: that neither party shall make any further claim against the other's property, income, pension or savings — dismissing all claims under the Matrimonial Causes Act 1973
Necessities like mortgage indemnities or utility account transfers where applicable

When courts refuse a clean break

The judge checks the D81 figures for fairness. Clean breaks attract scrutiny where:

There are minor children whose housing/needs aren't visibly secured — a parent on a bare income with no property interest invites judicial questions
One party would be left reliant on benefits while the other keeps substantial assets
The figures suggest needs are unmet (no home, no working capital) — the court may raise questions or list a short hearing rather than seal
Pensions are wildly unequal with no explanation

None of these makes a clean break impossible — they make explanation necessary. A well-drafted D81 explaining why the clean break is fair (e.g. each party rehoused, debts allocated, children provided for via CMS) passes routinely.

Clean break with no assets — the "poverty" clean break

Couples with little to divide still benefit: a consent order confirming there are no joint assets and dismissing future claims protects both parties from future lottery/ inheritance/business-success claims. It costs £62 and prevents decades of uncertainty. Courts approve these regularly where both parties' positions are modest and disclosed.

Clean break vs maintenance

A clean break can still include periodical payments for a term — but a pure clean break ends maintenance immediately
Courts favour clean breaks where achievable (statutory duty to consider one), but not where one party's needs require ongoing support — in those cases the order may include term maintenance then clean break on expiry
Spousal maintenance and child maintenance are separate — a spousal clean break never affects CMS child support

Getting it done

1. Agree the terms (directly, in mediation, via solicitors) 2. Instruct drafting — a solicitor or fixed-fee service; imprecise wording causes rejections and future disputes 3. Complete Form D81 with current figures for both parties 4. File with Form A (if financial proceedings haven't started) and the £62 fee or EX160 help-with-fees reference 5. Receive the sealed order — keep it permanently; it's the document that ends the financial relationship

Official links

YourFamilyCase.co.uk is an independent information directory — we are not affiliated with, endorsed by, or connected to HMCTS or gov.uk. This page is general information and is not legal advice. Get the order drafted properly — a broken clean break clause can cost far more than the drafting fee.

Content verified against the official HMCTS court directory, gov.uk forms and fees pages, and the professional body registers (SRA, FMC, Bar Council). Last reviewed September 2026.