The Family Court Judiciary published revised practice guidance in October 2026 on clean break orders in financial remedy proceedings following divorce or dissolution. A clean break order severs all financial claims between the parties permanently — neither can return to court later, even if circumstances change dramatically.
The guidance confirms that courts must now expressly state in the order why a clean break is appropriate or, if it is not made, why ongoing periodical payments are necessary instead. This follows several Court of Appeal decisions criticising orders that simply imposed a clean break without reasoning.
Key practical points from the guidance: (1) both parties must provide a full and frank financial disclosure on Form E before any order is made; (2) pension sharing must be addressed explicitly — a clean break cannot be made if a pension sharing order is still outstanding; (3) the Matrimonial Causes Act 1973, s.25A duty to consider a clean break applies in every case.
Parties seeking a consent order after reaching their own agreement must still have it approved by the court — an agreement alone is not binding. Resolution and Citizens Advice both provide guidance on the financial remedy process.