Clean Break Orders: Advantages and Disadvantages
Divorcing spouses in the U.K. receive a financial order from the court. Some orders assign you ongoing financial responsibilities to each other. Others dissolve all your financial ties, with the exception of child maintenance, giving you a "clean break".
What is a clean break order?
A clean break order says that the ex-spouses don't have any more financial obligations to each other, like spousal maintenance payments.
It also specifies that the ex-spouses can't come after each other for additional money in the future. Because it limits your right to seek legal remedy, a judge usually won't order it unless you both consent to it.
In the U.K., child maintenance is addressed separately, often by the Child Maintenance Service. Therefore, just because your order says "clean break" doesn't mean you won't pay or receive child maintenance.
Once you receive a clean break order, it's difficult or impossible to change it. It's meant to be permanent.
Advantages and disadvantages of a clean break order
People sometimes acquire wealth through inheritance, marrying someone rich, selling off property or seeing the value of a business or investment go up. When this happens, their ex-spouse may make a financial claim against them, seeking part of their newfound wealth. The U.K. has no post-divorce time limit on the filing of such claims.
A clean break order as part of a divorce means that the ex-spouses won't be allowed to demand each other's money in the future.
Who benefits and who loses out?
Generally, this arrangement benefits the wealthier spouse and disadvantages their ex who might wish to seek their money. That disadvantage is more profound if the ex needs the money (for example, due to illness or disability) or believes they're owed it (for example, because they shared a family business).
| Who benefits | Who loses out |
|---|---|
| The spouse with more money | The spouse with less money |
| The spouse who has enough money | The spouse who needs money |
| The spouse who owes money | The spouse who is owed money |
| The spouse whose money would be sought | The spouse who would seek money |
What are the advantages and disadvantages?
A clean break order can give you peace of mind that the financial aspects of your divorce are truly over. This helps both of you to move on. It can be worthwhile.
However, among the disadvantages of a clean break order are that you may fail to predict how your financial need may increase someday. Preparing the agreement may incur a significant legal expense, if you have to hire a solicitor and if your financial situation is complex.
| Advantages | Disadvantages |
|---|---|
| It can help you both begin with a clean slate financially | You may someday find yourself in financial need and won't be able to turn to your ex |
| It can help you both move on psychologically | Not all ex-spouses want to give up their financial ties |
| It's usually done by agreement, which steers you away from litigation | A solicitor may charge you a lot to discuss it and draw up your document |
How to get a clean break order
If neither of you is in need of ongoing financial support from the other, a judge may order a clean break order. It's more likely you'll get one if your marriage was short or if you have no assets or property (like a pension or a house) to divide. It's not automatic. Typically, if you're dividing assets as part of your divorce and you want to make it a clean break, the two of you will need to reach agreement about the clean break.
If you need professional guidance in negotiating with your ex, consider alternative dispute resolution methods. The court will tell you about your options. One of these options is mediation; if you reach an agreement, you can present it to the court. Another option is arbitration, a legally binding process that results in a financial award. An arbitrator can give you a clean break.
Write up your agreement to present to the court, or have your mediator or solicitor do so.
The court will review your agreement to ensure it's fair.
You'll receive an order once the court approves it. It's called a consent order because you both agreed to it.
Concerns about child maintenance must be addressed separately. Sometimes a court allows a parent to pay child maintenance as a lump sum payment instead of ongoing small payments. Psychologically, this may help the parents feel they've completely separated financially from each other. However, it's not officially called a clean break and it's separate from what's in a clean break consent order.
How to get a clean break order after divorce
People who are already divorced can return to court to ask for a clean break order. Ask for a clean break order after final order or a clean break order after decree absolute.
If the court previously ordered ongoing spousal maintenance payments, the ex-spouses may need to resolve this obligation through a lump sum payment.
If your ex won't sign a clean break order
If your ex won't agree to a clean break order, think about setting co-parenting boundaries or finding other healthy ways to communicate that the marriage is really over.
If your ex is concerned that a clean break will short them, negotiating in mediation may help both of you feel more secure that you're getting a fair outcome.
Do I have to complete a D81 form?
Yes, you have to submit a D81 form for any consent order. It's called Statement of Information for a Consent Order. It summarises and discloses your financial circumstances. This is what you fill out when you've reached agreement with your ex.
If you haven't yet reached agreement, you have to fill out a longer disclosure form, called Form E.
Getting an accurate calculation of child maintenance
As a parent, even if you're cutting financial ties with your spouse, you may still have to pay child maintenance.
Estimating your parenting time can impact your child maintenance payment by thousands of pounds a year. The government's formulas allows a parent to cut their maintenance payment by more than half depending on how many nights per year they host their child.
The Custody X Change app lets you quickly calculate your exact number of overnights.
Try this with Custody X Change.
With Custody X Change, you can tweak your residence and contact schedule to see how even little changes affect your number of nights with the child. Plus, you can see how the number changes each year due to special occasion.
Whether you're paying or receiving child maintenance, make sure your parenting time calculation is exact. The number will affect you, your child and the other parent for years to come.