Clean Break
Consent Orders

A common misconception in divorce is that once the marriage has legally ended, all financial ties between former spouses come to an end as well, but that is not necessarily the case. Even after a Final Order has been made, financial claims can remain open unless they are dealt with by a court order. A clean break order is a type of financial remedy order made by the Family Court. Its purpose is to dismiss future financial claims between former spouses. It must be embodied in a consent order and approved by the court.

Clean Break Consent Orders Guide

Simply click on a heading below to find out more.

Why is getting a clean break order so important?

One of the main advantages of a clean break order is that it limits the possibility of future financial claims. That in turn reduces the scope for later disagreement, correspondence, and litigation which are usually more complex the longer the time that has passed.

Even if there are limited or no assets at the time of separation, one or both former spouses may later:

acquire property
grow a business
receive an inheritance
build up pension provision
experience a significant increase in income

There is a risk that a former spouse could make claims against these assets without the protection of a clean break.

The absence of an order can be especially problematic where there was little money at the time of divorce but substantially more later. A case that once seemed too minor to document formally can become contentious years afterwards.

Family proceedings are often emotionally and financially draining, especially years following separation when parties have moved on with their lives and put their divorce behind them.

It is more cost effective to achieve a clean break at the time of separation.

Client A

Separated 10 years prior to coming to see me. Handled the divorce himself and did not seek legal advice. Paid a lump sum to wife at the time. 10 years later wife sought to make further claims and lengthy and costly court proceedings were issued, going all the way to a final hearing.

Client B

Separated many years ago. Very little by way of assets and pensions at the time. Pension values have now increased significantly and wife sought pension share based on current value of the pensions on the basis that her needs could not be met using the pension provision accrued during the marriage only.

Client C

Separated a number of years ago. No equity in the property at the time so no lump sum payment made to the wife. Parties did not get a clean break and there is now over £100k equity in the property.

Client D

Parties separated many years ago but did not resolve finances. Since separation wife's father paid off outstanding mortgage on the property and later died leaving wife large inheritance. Husband received greater than 50% share of the equity in the family home on the basis of need even though money from wife's father was a number of years post separation.

HEATHER BROADFIELD

HEAD OF FAMILY LAW

TO CONTACT HEATHER PLEASE
CALL01744 626 600
EMAILinfo@frodshams.co.uk

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“Our goal is to simplify the process and ease your stress so you feel confident and cared for every step of the way.”

Our team have many years of experience in helping clients and their families navigate the legal process during some of life’s most challenging and difficult times. Led by our Head of Family Law, Heather Broadfield, our Family Law department handles even the most challenging and intricate cases with professionalism and care. We are here to provide guidance and expertise every step of the way.

TO CONTACT HEATHER PLEASE CALL01744 626 600
EMAILinfo@frodshams.co.uk

Clean Break Consent Orders