Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Clean break definition

What does Clean break mean? In family finance practice, a clean break is a final settlement on divorce, dissolution or nullity under which each spouse or civil partner’s financial claims against the other (income, capital, property and pensions) are dismissed, so there is no ongoing spousal maintenance. In England and Wales (Matrimonial Causes Act 1973, s25A; Civil Partnership Act 2004) and Northern Ireland (Matrimonial Causes (Northern Ireland) Order 1978, Art 27A), the court must consider terminating financial obligations as soon as is just and reasonable. A clean break is achieved by a financial remedy/ancillary relief order (often by consent) that may include a lump sum,...

Clean Break Orders on Divorce and Civil Partnership Dissolution: Principles, Types, Drafting and Case Law (England and Wales)

Published by a LexisNexis Family expert

Practice notes

Duty of the court to consider a Clean break

Although a financial clean break is not presumed on Divorce, the court remains obliged to assess whether using its powers to end the parties’ mutual financial responsibilities is appropriate. When deploying those powers, the court must also examine how and when each party’s obligations to the other should cease, and aim for Termination as soon after the final order or decree as it judges fair and reasonable, consistent with what it regards as just and reasonable. In doing so, it evaluates both the prACTical method and the timing of that cessation. Section 25A of the Matrimonial Causes Act 1973 (MCA 1973) – mirrored in the Civil Partnership Act 2004 (CPA 2004) – does not specify when a clean break order may be appropriate, offering no guidance on the circumstances. However, where the court opts for a periodical payments or secured periodical payments order, it must consider capping the term to what is sufficient to allow the recipient to adapt, without undue hardship, to the conclusion of their financial dependence on the other party; see also: Factors to consider in relation to spousal maintenance and a clean break. The duty to consider...

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Web page updated on 26/05/2026

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