Preparing for a Clean Break in 2026

If you are hoping for a fresh start in 2026, the start of the year can be the right time to sort out the financial side of your divorce or separation. Many people reach this stage later in the process, once emotions have settled and the practical issues are clearer. Others may have been separated for some time but still need to finalise the financial arrangements so they can move forward with confidence.

Starting the New Year with Clarity

January often prompts people to focus on clarity and fresh starts. When you are coming out of a relationship it is natural to want to put past difficulties behind you. A clear financial settlement can give you structure, security and peace of mind. Without it you may still feel tied to your former partner, even if you have not lived together for a long time.

A financial settlement is not only about dividing assets. It is also about giving each person the stability they need to plan for the future. If you want 2026 to be the year when you finally draw a line under things, now is the moment to prepare.

Why a Financial Settlement Matters Even After Separation

Some couples separate and assume that the financial side will sort itself out. Unfortunately, it rarely works that way. Without a formal agreement you may still share financial claims against each other and against each other’s assets. These can relate to pensions (even pensions accrued post separation), property, savings or income. Even if you have already divided your assets informally, that agreement is not legally binding until it is approved by the Court in an Order by consent.

A clean break order can bring this uncertainty to an end. It can prevent future claims and protect the assets you build after your divorce. It can also reduce the risk of disputes later on. If you have children, it can help you both focus on parenting without financial worries in the background.

It’s important to realise that even if you are civil and have reached your own understanding about how finances have been split – circumstances can change and you can’t be 100% sure that your ex-partner could try to make a claim later down the line. There have been cases where one party comes into money through a lottery win, bonuses, or a large family inheritance and their ex-partner can make a claim to a share, sometimes many years later! A clean break order is essential for mitigating any potential claims.

Preparing for a Clean Break in 2026

A clean break order is a legal order in UK divorce proceedings that severs all future financial ties, ringfencing future assets and income.

How clean break orders work:

1. You both must agree on how your assets and finances will be divided
2. A family lawyer drafts a financial consent order with a clean break clause
3. Both parties sign the order
4. Summary financial statements are submitted to court alongside the draft signed order for consideration and approval by a Judge in the Family Court.

What matters is that you understand your rights and the long-term impact. A settlement should not only reflect your current needs but also give you security as life moves on.

Pensions are often one of the most valuable assets, yet they are sometimes overlooked. Many people only discover their importance when a solicitor reviews the figures. If pension sharing or offsetting of a pension claim against a different type of asset (like a house or a share portfolio) is needed, it is better to discuss it with a family lawyer at an early stage – further expert financial advice might also be required before parties get too far down the line with an agreement that might not be in the best interests of one or both of the parties.

Creating Peace of Mind for the Year Ahead

A clean break is not only a legal exercise. It is also a chance to create peace of mind. Once you know where you stand financially, you can focus on the next stage of your life. You may wish to move home, change work patterns or plan for your children’s future. These decisions feel easier when the financial picture is stable.

Reaching a settlement can take time, so early preparation helps.

When to Seek Legal Advice

Legal advice is helpful at all stages, but it is especially important before signing any agreement. A solicitor can check that the terms are fair and that they protect you in the long term. They can also guide you through the court process to make the agreement binding. The drafting of the documents is also quite technical and requires expert knowledge to confirm all claims are address with no loopholes – beware consent orders drafted by AI are rarely fit for purpose and are often based on fictitious or foreign (mainly USA) processes and procedures; There is no substitute for swift and early legal advice from a specialist family lawyer.

If communication with your former partner has been difficult, a solicitor can help reduce conflict. Clear guidance often calms what could otherwise become a stressful situation.

If you are ready to prepare for a clean break in 2026, our specialist family lawyers are here to help. Book an appointment in the new year and take the first step toward clarity and peace of mind.

FAQs

• What is a clean break order?

A clean break order is a type of financial order that ends all future financial claims between you and your former spouse. It gives both people certainty and protects assets built after the divorce.

• Do I need a financial settlement if we have already divided everything informally?

Yes. Informal arrangements are not legally binding. Without a court approved settlement, either person could still make a claim in the future and is more likely to do so if there is an extreme change of circumstance in the positive (a big lottery win) or the negative (one party loses their job or suffers a life changing accident).

• How long does it take to reach a financial settlement?

The timescale varies depending on the complexity of the assets and how quickly disclosure is completed. Many cases can be resolved within a few weeks, most are resolved within a few months, but some take longer if there is a lack of co-operation from either parties.

• Can we agree a clean break if we have children?

Yes. Child maintenance and child arrangements are separate. A clean break applies to financial claims between the adults, not the children.

Every separation is different, and the right advice can make a lasting difference to your future. Speak with Marissa Prince today to understand your options.