What is a Clean Break Order?
When going through a divorce, it is essential to ensure that financial ties between you and your former spouse are properly settled. One of the best ways to achieve financial independence after divorce is through a clean break order. But what exactly is a clean break order, and why is it important? In this blog, we will explain what a clean break order is, how it works, and how Bank Solicitors can help clients in Redditch, Bromsgrove, and the surrounding areas secure a legally binding financial settlement.
What is a Clean Break Order?
A clean break order is a legally binding court order that permanently severs all financial ties between divorcing spouses. It ensures that neither party can make a financial claim against the other in the future, providing complete financial independence.
Without a clean break order, even after the divorce is finalised, an ex-spouse could still claim for financial support years later. This means that assets acquired after the divorce, such as inheritance, business profits, or property, could be subject to a future claim.
Why is a Clean Break Order Important?
A clean break order provides security and peace of mind for both parties. Key benefits include:
Prevention of Future Claims – Ensures that neither spouse can seek additional financial support or claim on future assets.
Legal Protection – A court-approved clean break order carries legal weight and prevents future disputes.
Financial Independence – Allows both individuals to move on without ongoing financial obligations to each other.
Clarity and Finality – Clearly defines financial obligations and eliminates uncertainty.
Who Should Consider a Clean Break Order?
A clean break order is suitable for couples who:
Have reached a financial agreement and want to make it legally binding.
Do not require ongoing financial support from their former spouse.
Want to prevent future financial claims.
Even if you and your spouse have little to no assets at the time of divorce, a clean break order is still advisable to prevent future claims should your financial circumstances change.
Does a Clean Break Order Cover Child Maintenance?
No, a clean break order does not include child maintenance. Financial support for children remains a separate legal obligation and is usually arranged through the Child Maintenance Service (CMS) or private agreements between parents.
How Do You Get a Clean Break Order?
To obtain a clean break order, the following steps must be taken:
Agree on Financial Arrangements – Both parties must agree on the division of assets and financial responsibilities.
Draft the Clean Break Order – A solicitor will draft the order to ensure it is legally sound.
Submit the Order to the Court – The clean break order must be submitted to the family court for approval.
Judge Approval – A judge will review the order to ensure it is fair and legally compliant.
Legal Finalisation – Once approved, the order becomes legally binding, preventing future financial claims.
Do You Need a Solicitor for a Clean Break Order?
While it is possible to draft and submit a clean break order yourself, seeking legal advice is highly recommended. An experienced family law solicitor ensures that:
The agreement is fair and meets legal requirements.
All financial matters are properly accounted for.
The order is drafted correctly and has the best chance of being approved by the court.
You are fully protected from future financial claims.
How Bank Solicitors Can Help
At Bank Solicitors, we specialise in family law and provide expert guidance on clean break orders and financial settlements. Our experienced solicitors help clients in Redditch, Bromsgrove, and the surrounding areas secure legally binding financial agreements, ensuring long-term financial protection and independence.
Whether you need assistance with a clean break order, divorce settlement, or other family law matters, we are here to provide expert legal support tailored to your needs.