Divorce isn’t just about ending a marriage — it’s also about drawing a line under your matrimonial finances. Many people are surprised to learn that simply finalising a divorce does not automatically sever the financial ties between spouses.
To ensure complete financial independence, it’s vital to obtain a Clean Break Order — a type of Financial Order issued by the court that brings a formal end to financial obligations between ex-spouses.
What Is a Clean Break Order?
A Clean Break Order is a legally binding agreement approved by the court that ensures no further claims can be made by either party following divorce. This includes future claims on pensions, savings, inheritance, or lump sum settlements.
It’s the only way to achieve a clean break with no further claims — giving both parties the freedom to move on without lingering financial ties.
Why You Shouldn’t Rely on an Informal Agreement
Some couples believe that if they agree how to divide their joint assets, there’s no need for a formal arrangement. However, unless that agreement is approved by the court in the form of a Consent Order, it’s not enforceable — and either party could make a financial claim at any point in the future.
This could include:
- A share of the former matrimonial home
- Access to future pension entitlements
- A portion of future inheritance
- Claims against new business assets or income
Without a court-approved Financial Order, your financial future remains uncertain.
Even If There Are No Substantial Assets – You Still Need Protection
Even if you and your ex-spouse don’t have significant savings, property, or pensions to divide, you should still consider a Clean Break Order. Circumstances can change — one of you might inherit money, receive a windfall, or build wealth later in life. Without a clean break in place, your ex could still have a claim over those future gains.
What Can Be Included in a Financial Settlement?
A Consent Order that provides for a clean break can include:
- Sale or transfer of the former matrimonial home
- Division of joint assets and savings
- Arrangements relating to pensions
- A one-off lump sum settlement
- Agreements to ensure no claims on inheritance or future income
Depending on your situation, the court can approve either an immediate clean break or a deferred clean break where ongoing support (such as spousal maintenance) is involved initially.
How Do You Obtain a Clean Break Order?
To obtain a Clean Break Order, both parties must agree to the financial arrangements. Your solicitor will prepare the terms in a Consent Order, which is then submitted to the family court for approval.
At Ison Harrison, our specialist family law and matrimonial finance solicitors will guide you through this process, ensuring that your agreement is fair, comprehensive, and legally sound.
We’ll help you:
- Reach a fair and workable agreement on all financial matters
- Address any complexities involving pensions, property, or savings
- Draft and submit the Consent Order to the court
- Secure a Clean Break Order that gives you long-term protection
Secure Your Financial Independence with Ison Harrison
A divorce may end your marriage, but without a Clean Break Order, your financial ties could last for years to come. At Ison Harrison, we understand the importance of achieving certainty and security — especially when it comes to your financial future.
Contact our expert family law team at our Castleford Office today on 01977 557 171 or email mail@isonharrison.co.uk to find out how we can help you obtain a Clean Break Order that ensures no future claims and a truly fresh start.
