What is a clean break order and how much does one cost?

A clean break order is one of the most common outcomes of financial remedy proceedings. It ends ongoing financial claims between former spouses, providing certainty for both parties. Understanding what a clean break is, how it differs from other orders and what it costs is important when planning your financial future after divorce.

This guide explains what a clean break order is, when it is appropriate and what fees to expect if you instruct a direct access barrister.

What is a clean break order?

A clean break order is a court order that dismisses all ongoing financial claims between divorcing spouses. Once the order is made and any required steps have been taken, neither party can later claim against the other for:

• Capital (lump sums or property)
• Income (spousal maintenance)
• Pension sharing or attachment
• Provision under the Inheritance Act 1975 (in some cases)

The order draws a final line under the financial relationship.

Clean break orders versus other financial orders

Not every divorce ends with a clean break. The court has several options:

Clean break only

No ongoing payments. All claims dismissed. Often suitable where assets have been divided fairly at the outset and both parties can support themselves.

Spousal maintenance with eventual clean break

One party pays maintenance for a defined period (often 5 to 10 years), after which the maintenance ends and a clean break takes effect. Often used where one spouse needs time to become financially independent.

Joint lives maintenance

Ongoing maintenance with no defined end date, usually with capital adjustments. The opposite of a clean break. Now relatively uncommon, used mainly in long marriages with significant disparity in earning capacity.

Pension sharing with clean break

Pensions are divided by a pension sharing order, and a clean break is then ordered to dismiss all other claims.

When is a clean break appropriate?

Clean breaks are most often appropriate where:

• Both parties can support themselves financially after the division of assets
• There are no minor children whose welfare requires ongoing financial provision from a spouse
• One party prefers certainty and is willing to give up the possibility of future claims
• The court considers a clean break achievable on the facts

The court has a statutory duty to consider whether a clean break is achievable in every financial remedy case. The starting point is now that a clean break should be made wherever it is fair to do so.

The two ways to get a clean break

By consent

If you and your former spouse agree the financial settlement, you can apply for a clean break consent order. This is the most common route. The court reviews the agreement on the basis of the information in Form D81 and, if satisfied it is fair, approves it.

By the court at a final hearing

If the case is contested and goes to a final hearing, the judge will decide whether to impose a clean break, on what terms and over what timeline.

How much does a clean break order cost?

The cost depends on whether the case is consensual or contested.

Clean break consent order: typical cost ranges

For a consensual clean break order, where the agreement has been reached and you need a barrister to draft and finalise the order, typical fees are:

• Drafting the consent order: £500 to £900 plus VAT
• Preparing or reviewing Form D81: £200 to £400 plus VAT
• Pension sharing annex (if needed): £200 to £400 plus VAT

The court fee for filing the application is also payable to the court, separately from the barrister's fee.

Contested clean break: typical cost ranges

If the case is contested, the cost depends on how many hearings there are and how much work is required. For a typical financial remedy case ending in a clean break at the FDR or final hearing:

• FDR hearing representation: £1,500 to £2,500 plus VAT
• Final hearing representation: £2,500 to £6,000+ plus VAT
• Drafting Form E and supporting documents: additional fixed fees
• ES1 and ES2 preparation: additional fixed fees

The total cost of a contested case is significantly higher than a consent order. This is one of the strongest arguments for trying to reach agreement before going to court.

What goes into a clean break order?

A typical clean break order will include:

• A clear statement that the parties have reached agreement (in a consent order)
• Provision for any lump sum payment
• Provision for any transfer or sale of property
• Any pension sharing order with the relevant annex
• Dismissal of all claims for capital, income and pension provision
• Provision for costs (usually each party bearing their own)
• Standard wording about future claims under the Inheritance Act

Each element needs to be drafted carefully. Errors in the drafting can have significant consequences later.

The Inheritance Act point

One issue often overlooked is the position under the Inheritance (Provision for Family and Dependants) Act 1975. A former spouse can sometimes still bring an Inheritance Act claim against the other's estate, even after a clean break, unless the order specifically excludes that possibility.

A properly drafted clean break order will usually include an order dismissing potential claims under the Inheritance Act, subject to the parties' specific circumstances.

Why use a barrister for a clean break order?

Even where the agreement is simple, the order itself needs to be drafted to a professional standard. A consent order with errors (incorrect terminology, missing clauses, inconsistent provisions) can be rejected by the court or, worse, can create problems later.

A direct access barrister can:

• Draft the consent order to professional standards
• Prepare or review Form D81
• Advise on whether the proposed terms are fair
• Identify issues that might cause the court to query the order
• Handle pension sharing annexes correctly

This is typically significantly cheaper than instructing a solicitor for the same work.

Common mistakes with clean break orders

Forgetting the Inheritance Act

Not including a clause dismissing Inheritance Act claims can leave the door open to a later claim.

Vague property provisions

"The property will be transferred" is not enough. The order must specify by when, by what mechanism and with what consequences if it is not done.

Pension sharing without the annex

Pension sharing orders need a specific pension sharing annex (Form P1). Without it, the pension provider cannot implement the order.

Missing the timing for variation

Some clean break orders include a stepped reduction in maintenance leading to a clean break at a future date. The dates and amounts must be precisely specified.

Failing to address debts

Joint debts should be addressed in the order. Leaving them outside the order can cause problems.

When to take advice

Even for an apparently simple clean break, taking advice on the order is usually worthwhile. The cost is modest compared with the consequences of getting it wrong. A direct access barrister can review your proposed order, identify any issues and finalise the documents for filing.

Talk to a specialist barrister about your matter

If the issues in this guide apply to your situation, our team can match you with a barrister who works on cases like yours every week. The enquiry is free and you will receive a clear fixed-fee quote before any work begins. Start your enquiry here.