Clean Break Consent Orders. Are They the Best Outcome?

When considering a financial settlement, you often hear the phrase “clean break” to describe a favourable outcome. This article explores what a clean break is, the pros and cons of achieving a clean break when considering the matrimonial finances and when it may not always be appropriate.

What is a clean break?

A clean break is a standard clause included in most financial agreements, otherwise known as a Consent Order, which states that both parties renounce any future financial claims against one another including maintenance, property, savings, pension, inheritance or income.

How a clean break Consent Order works

Providing that the financial agreement, inclusive of a clean break, is approved by the court it legally severs each parties’ financial obligation to one another. This means that any potential claims which may have risen as a result of the marriage are formally dismissed.

When does a clean break become legally binding?

Whilst a clean break is an ideal outcome for most divorcing couples, there is the mistaken belief that a clean break clause is all that is required to settle the finances. This is because the matrimonial assets, which consist of any assets acquired during the marriage, need to be divided by agreement first in order for there to be a clean break.

Whilst a Consent Order can be drafted on a clean break basis if the matrimonial assets have already been divided, to make a financial agreement legally binding, a Judge must approve its contents. As parties are required to provide the court with brief details of the assets involved in the marriage, if the agreement presented is considered unfair, then it can be dismissed leading to complications that may result in further negotiations even after the agreement has been drafted.

Common misconceptions about clean break Consent Orders

For most, a clean break clause is the optimal outcome because it supports long-term autonomy, and benefits those who may be seeking future growth through income, capital or inheritance. A clean break is always encouraged where possible.

When a clean break Consent Order may not be appropriate

However, it can be problematic for someone who may have been solely reliant on their spouses’ income and is unable to work, has special needs through dependents, their own disability or long-term illness. Some accept a clean break just to get proceedings over with due to a longingness to move on with their lives. This can lead to overlooking key assets, agreeing to less than they may be entitled to which can result in a long-term negative financial impact.

Is a clean break Consent Order the best financial outcome?

It is important to seek specialist legal advice from a family solicitor as to what options may be best and if a clean break is the best outcome for you.

If you are considering a financial settlement or would like advice on whether a clean break is right for you, our family law team can help. Contact us to arrange a confidential consultation and receive clear, practical guidance tailored to your circumstances.

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