What is a Clean Break Order?

A Clean Break Order is a legally binding court order that severs financial ties between two individuals following a divorce or civil partnership dissolution. By obtaining one, you protect yourself from future financial claims that your ex-spouse may make, even years after the divorce.

Many people mistakenly believe that finalising a divorce automatically ends financial obligations. However, without this order, an ex-partner could make a claim on your property, inheritance, pensions, or savings in the future. This is why so many clients approach us saying, “I need a Clean Break Order.”

Why Do People Say, “I Need a Clean Break Order”?

When clients tell us, “I need a Clean Break Order”, it usually arises from concerns such as:

• Financial Independence – They want assurance that their income, savings, and assets will not be shared in the future.
• Peace of Mind – Divorce often leaves emotional scars. A Clean Break Order ensures closure and reduces ongoing conflict.
• Protection of Assets – If one party expects an inheritance, pension payout, or property increase, the order prevents the other from claiming it.
• Avoiding Future Litigation – Without a Clean Break Order, disputes could reopen years later, costing more time, money, and stress.

Types of Clean Break Orders

When people approach us saying, “I need a Clean Break Order”, we explain that these orders vary depending on individual circumstances:

1. Immediate Clean Break – Ends all financial obligations straightaway, with neither spouse receiving ongoing payments.
2. Deferred Clean Break – Used when spousal maintenance is payable for a set time, after which the clean break becomes absolute.
3. Property Adjustment Orders – Deals with how houses, mortgages, and other assets are divided before financial independence is granted.

Each type requires careful legal drafting to ensure fairness and compliance with family law.

How Do You Apply for a Clean Break Order?

If you’re saying, “I need a Clean Break Order”, here are the key steps involved:

Step 1: Divorce or Dissolution Proceedings

A Clean Break Order can only be applied for once divorce proceedings have started. It cannot be applied for while still married.

Step 2: Drafting the Agreement

Both parties must agree on the financial settlement. A solicitor drafts the order to reflect your intentions clearly.

Step 3: Submitting to Court

Your solicitor will file the order with the family court. If the judge finds the agreement fair and reasonable, it will be approved.

Step 4: Enforceability

Once sealed by the court, the order is legally binding, and both parties are financially independent.

The Legal Importance of a Clean Break Order

When clients reach out and say, “I need a Clean Break Order”, we explain the legal significance. Without one, your ex-spouse could make a financial claim even decades later. A leading case, Wyatt v Vince (2015), highlighted this risk when a woman successfully pursued financial claims against her ex-husband more than 20 years after their divorce.

This demonstrates why securing a Clean Break Order is not just advisable but crucial.

Why Choose Asher & Tomar Solicitors?

If you are thinking, “I need a Clean Break Order”, then choosing the right legal team is essential. At Asher & Tomar Solicitors, based in West London and serving clients since 2008, we provide:

• Specialist Family Law Expertise—Our solicitors are experienced in handling divorce, financial settlements, and court applications.
• Client-Centred Approach – We listen to your unique concerns and tailor legal advice accordingly.
• Efficient Service – We know the urgency behind “I need a Clean Break Order” and ensure your case progresses quickly.
• Transparent Fees – We provide clear cost structures so there are no hidden surprises.