Ringrose Law explain why a Clean Break Order could help those going through divorce

When most people get divorced, they assume it’s all wrapped up once the final papers are signed, writes Nick Aspley of Ringrose Law.

But here’s the surprise that catches many out: just because you’re divorced doesn’t mean your financial ties are automatically cut.

Yes, really.

Without something called a Clean Break Order, either of you could still make a financial claim against the other – even years down the line. That could mean anything from a claim on your house, your savings, your pension… or even a windfall like a lottery win or inheritance. Sound unfair?

That’s why understanding what a clean break is – and whether you need one – is so important.

So, what exactly is a Clean Break Order?

A Clean Break Order is a court-approved legal document that officially ends all financial obligations between you and your ex-spouse or civil partner. Once it’s in place, neither of you can go after the other for money, property, pensions or income – no matter what happens in future.

Think of it as financial closure.

These orders can come into effect straight away, or at a set point in future (like when the family home is sold). But the result is the same: once it’s done, it’s done. No surprise claims down the road.

Why would I want one?

Because peace of mind is priceless. A clean break gives both parties certainty – the reassurance that neither of you will be knocking on each other’s door for money in years to come.

But – and it’s a big but – it works both ways. Just as your ex can’t claim from you, you also lose the right to claim from them. That’s why it’s not always the right option for everyone, especially if one person still relies on the other for financial support, like spousal maintenance.

Is it always an option?

Not necessarily. The court will always look at whether a clean break is fair in your individual circumstances. If both of you agree to it, you can apply to the court for a clean break by consent. If you can’t agree, the court may need to step in and decide what’s appropriate.

And while clean breaks are generally final, there are some limited situations where a change might be possible – but don’t count on it. This is a big decision, and it pays to get it right the first time.

What should you do next?

If you’re getting divorced, in the middle of the process, or already divorced but haven’t sorted out the finances, don’t leave it to chance. Get proper legal advice to understand what’s best for your situation.

At Ringrose Law, we’re here to help guide you through the process and make sure your financial future is protected. Contact our Family Solicitor Nick Aspley for a free appointment to discuss your future, call 01636 594460 or visit us on Castlegate.