A clean break order dismisses all future financial claims between you - income, capital, property and pension - so neither of you can come back for more later. It's the outcome most cooperative couples want.
Two kinds of clean break
- Immediate clean break - no ongoing payments; everything is settled at the point the order is sealed.
- Deferred clean break - one of you pays spousal maintenance for a fixed period, after which all claims end.
When a clean break makes sense
- Both of you are financially self-sufficient (or will be after any lump sum / pension share).
- No dependant children need ongoing support from spousal (not child) maintenance.
- You want certainty and finality.
What it doesn't cover
Child maintenance cannot be dismissed by a clean break - the Child Maintenance Service can always be used for children. And a clean break can't undo bad drafting, so accurate disclosure and clear wording matter.
How to get one
A clean break is a clause inside a Consent Order. Follow the Consent Order route (agree, disclose, draft, submit) and make sure the drafting explicitly dismisses future claims under sections 25A and 28(1A) of the Matrimonial Causes Act 1973.
This article is general information about the law of England and Wales, not legal advice. For advice on your situation, speak to a solicitor.