Clean Break Settlements ======================= [Ayesha Vardag](https://vardags.com/solicitors/ayesha-vardag) | Founder & President | 12th June 2025 Clean break settlements are used by a divorcing couple wishing to have a fresh start after the divorce is finalised without being financially tied to the other party. It is a type of financial order that the courts can make and once implemented means that there are no financial commitments owed from one party to the other (other than child maintenance if relevant). **If you're considering or going through a divorce, click below for a free initial consultation with one of our expert divorce solicitors.** [BOOK FREE CONSULTATION](https://vardags.com/contact "BOOK FREE CONSULTATION") How does a clean break settlement work and who can get one? -------------------------------------------------------------- A clean break settlement will effectively end the financial relationship between a couple following a divorce. The parties will no longer have any financial claim over their ex-spouse, including in relation to future pensions. Without such an agreement, either party can potentially make a claim at any time in the future. The [length of marriage](https://vardags.com/law-guide/how-the-courts-decide-a-financial-settlement/marriage-length-and-divorce) can determine whether or not it is appropriate. A shorter marriage (under five years) will generally be easier for a clean break, as it is more likely that both parties will have jobs and their capital can be more easily separated. In contrast, it may be harder with a longer marriage, since it is more likely that one party may have stopped working to look after the home and/or raise a family. In these cases, [spousal maintenance](https://vardags.com/law-guide/how-the-courts-decide-a-financial-settlement/spousal-maintenance) may be appropriate, making it unlikely that a clean break would be granted by the courts. What are the advantages and disadvantages? ------------------------------------------ A clean break settlement is not suitable for all divorces and so each couple needs to decide if it is appropriate in their circumstances. ### Advantages In the right circumstances, there are a lot of advantages to a clean break, including: - Allowing both parties to move on without financial ties to the past relationship, which can make the process of dealing with the divorce a lot easier. - Helping reduce tensions and conflicts around the division of assets. - Protecting parties from future claims, including the expenses that would arise as a result of this. This gives the parties peace of mind. - Relationships change after a divorce and even an amicable one can become strained in time. A clean break ensures that a change in this relationship does not affect what was agreed when things were more harmonious. - A clean break settlement does not get affected by unforeseen changes, such as job loss or an unexpected death. ### disadvantages A clean break settlement will not be granted in situations where it is not appropriate or where the parties do not agree. So generally speaking there are few disadvantages to such a settlement. However, it is worth bearing in mind that it is a court order that needs to be followed and if circumstances change (or do not change) in the future, then one party can potentially be negatively impacted. Unless there are very compelling reasons (such as mistake or non-disclosure), then such an agreement will not be overturned. Promotions, inheritance, and change in the value of a family home, are all factors that will be considered when making the order, but no one knows what the future holds- a lottery win, for example, is completely unexpected (and granted unlikely!) but cannot be planned for. It is also worth noting that spousal maintenance ends once the party receiving it remarries. If this is soon after the divorce, it is likely that the party paying would have paid less this way then a clean break agreement. However, there is no certainty in life and if the other party does not remarry, the maintenance will continue. How to get a Clean Break Settlement ----------------------------------- To obtain a clean break settlement, the parties need to file a draft consent order with the court containing the terms of the financial settlement, with details of their current finances. If the court accepts the order, it is approved and becomes legally binding once the divorce is finalised. The court needs to be satisfied that both parties are entering into the agreement with full knowledge of the other party's financial situation following full and frank disclosure. The cost of the settlement is the legal fees to draft the order plus a court fee. Both parties have to agree to the clean break settlement, and so it is unlikely that it will be possible to use in situations where there is a high degree of disagreement or the relationship has completely broken down. In determining spousal maintenance for a clean break settlement, the courts generally use the [Duxbury calculations](https://vardags.com/family-law/duxbury-calculations) to work out an appropriate lump sum to be paid in lieu of spousal maintenance. Duxbury calculations originated from the case of Mr and Mrs Duxbury in 1987 and intend provide the financially dependent party with sufficient funds to invest and utilise for the remainder of their lifetime, meeting their ongoing income needs. To reach a lump sum value, the Duxbury calculation considers several factors including the life expectancy of the recipient, the rates of inflation, investment return and rate of capital growth. These factors are based on assumptions, which are reviewed from time to time by the Duxbury Working Party. This group consists of leading family lawyers and Duxbury practitioners, who attempt to maintain the accuracy and fairness of the assumptions relied upon. What about child maintenance? ----------------------------- A clean break settlement only applies to the financial situation of the two parties. It does not stop a parent's legal obligations to pay [child maintenance](https://vardags.com/law-guide/how-the-courts-decide-a-financial-settlement/child-maintenance) and this cannot be overridden by a clean break settlement. Child maintenance applies until the children reach 21 years or end full time education. Regular child maintenance can either be agreed as part of the financial settlement agreement, otherwise the Child Maintenance Service will become involved. *Vardags' team of top divorce lawyers delivers a bespoke legal service to HNW and UHNW individuals, their families, and businesses.* Related Guides -------------- [Miller v Miller; MacFarlane v MacFarlane](https://vardags.com/law-guide/important-divorce-cases/miller-macfarlane "Miller v Miller; MacFarlane v MacFarlane") [The Needs Principle in Divorce](https://vardags.com/law-guide/how-the-courts-decide-a-financial-settlement/the-needs-principle "The Needs Principle in Divorce") [The Principle of Compensation in Divorce](https://vardags.com/law-guide/how-the-courts-decide-a-financial-settlement/the-principle-of-compensation "The Principle of Compensation in Divorce") [The Sharing Principle in Divorce](https://vardags.com/law-guide/how-the-courts-decide-a-financial-settlement/the-sharing-principle "The Sharing Principle in Divorce") [Waggott v Waggott](https://vardags.com/law-guide/important-divorce-cases/waggot-v-waggot "Waggott v Waggott") [What are the guiding principles of the courts?](https://vardags.com/law-guide/how-the-courts-decide-a-financial-settlement/guiding-principles "What are the guiding principles of the courts?") [White v White](https://vardags.com/law-guide/important-divorce-cases/white-v-white "White v White") Glossary Reference ------------------ ### Clean Break Where all financial claims are dealt with and there is no ongoing maintenance or support payable. The information on this website is intended as a guide and does not constitute legal advice. Vardags do not accept liability for any errors in the information on this website, nor any losses stemming from reliance upon the statements made herein. All articles and pages aim to reflect the legal position at time they were published, and may have been rendered obsolete by subsequent developments in the law. Should you require specialist advice, tailored to your situation, please see how Vardags can help you. AUTHOR ------ Ayesha Vardag "Britain's top divorce lawyer" Ayesha Vardag rose to fame for winning the landmark Supreme Court case of Radmacher v Granatino in 2010, changing the law to make prenuptial agreements legally enforceable in England and Wales. The founder and President of Vardags, Ayesha specialises in high-net-worth divorce, often with an international... [READ MORE](https://vardags.com/solicitors/london/ayesha-vardag "Ayesha Vardag") What our clients say -------------------- Throughout my time using Vardags I felt that I have always been in the best possible hands. I enjoyed an excellent level of service and received accurate and precise legal advice. The lawyers are hugely talented, sensitive and... focused on getting the very best results. Their no-nonsense and direct approach is most valuable when time and costs are of the essence. I highly recommend them over and above any other law firm I have ever dealt with. Thank you Vardags. 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