Last updated: March 2026
by Jess Knauf, Co-Founder, Family Law Service, 30th March 2026.
Quick Summary
- A consent order is a legally binding court document that records the financial agreement you and your ex-spouse have reached on divorce.
- A clean break consent order is a specific type of consent order that severs all financial ties between you permanently, meaning neither party can make future financial claims against the other.
- Not every consent order includes a clean break, and not every situation calls for one.
- You need to apply to the court to make either arrangement legally binding, even if you both agree.
- Family Law Service can help you get the right order in place at a fixed, transparent fee.
Consent Order vs Clean Break
A consent order is a court-approved document that records any financial agreement on divorce, while a clean break consent order is a specific type that permanently ends all financial claims between both parties. The two terms are often used interchangeably, but they are not the same thing. Understanding the difference helps you choose the right legal protection for your situation.
If you are sorting out finances after divorce, you will almost certainly come across both terms, consent order and clean break consent order, and wonder whether they mean the same thing. They do not, and getting the distinction wrong could leave you financially exposed for years to come.
This guide explains what each one is, how they differ, which one is right for your situation, and how to get one in place without paying over the odds for legal support.
What Is a Consent Order?
A consent order is a legal document, approved by a family court judge, that formally records the financial agreement you and your ex have reached. It covers how you are dividing assets such as property, savings, and pensions, and it can also include ongoing arrangements like maintenance payments.
The key word is “approved.” A consent order is not just a written agreement between the two of you. It has to be submitted to the court, reviewed by a judge, and sealed. Only then does it become legally binding.
Without a consent order in place, a verbal or even written agreement between you and your ex is not legally enforceable. Worse, either party could still make financial claims against the other in the future, even years after the divorce is finalised. Our clean break consent order guide covers this risk in more detail.
What can a consent order include?
- Property transfers: who keeps the family home, or how any sale proceeds are split
- Mortgage transfers: removing one party from a joint mortgage
- Pension sharing orders: dividing pension funds between you
- Savings and investments: how bank accounts, ISAs, and other assets are divided
- Spousal maintenance: ongoing payments from one party to the other
- A clean break clause: an agreement that permanently ends all future financial claims
That last point is where the confusion begins. A consent order can contain a clean break clause, or it might not. They are separate things.
What Is a Clean Break Consent Order?
A clean break consent order is a type of consent order that does two things: it records your agreed financial settlement, and it includes a clean break clause. That clause is a court-approved declaration that you and your ex are severing all financial ties permanently. Once it is sealed, neither party can come back and make a future financial claim against the other.
This matters more than most people realise. There have been high-profile cases, such as Wyatt v Vince [2015] UKSC 14, where an ex-spouse returned to court over 20 years after divorce and was granted the right to pursue a financial claim, because no clean break had ever been formalised. That case made national headlines for good reason.
A clean break consent order removes that risk entirely. It is the financial “full stop” on your marriage.
Can you get a clean break even if there are no assets to divide?
Yes, and this is one of the most common misunderstandings. Many people assume that if there is nothing to divide, they do not need a consent order at all. But the clean break element is just as important, perhaps more so, in these situations. If one of you goes on to accumulate significant wealth in the future, a clean break order ensures your ex cannot come back and claim a share of it.
Our guide on when clean break orders are right for you goes into more detail on situations where this type of order is the smarter choice.
Get the Right Consent Order in Place
Whether you need a straightforward clean break or a more complex settlement involving property or pensions, we can help at a fixed, transparent fee. No hidden costs, no hourly billing.
Consent Order vs Clean Break: The Key Differences
Here is a straightforward comparison to help clarify the distinction:
| Feature | Consent Order | Clean Break Consent Order |
|---|---|---|
| Records financial agreement | Yes | Yes |
| Approved by a court judge | Yes | Yes |
| Legally binding | Yes | Yes |
| Severs all future financial claims | Not always | Yes |
| Can include ongoing maintenance | Yes | Sometimes (deferred clean break) |
| Can cover pensions | Yes | Yes |
| Suitable when one party needs maintenance | Yes | With a deferred or term clean break |
When Does a Consent Order Include a Clean Break, and When Does It Not?
A consent order will include a clean break clause when both parties agree to permanently end all financial obligations to each other. This is the most straightforward and common outcome for couples who have reached a full financial settlement and want complete separation.
A consent order will not include a clean break clause when:
- One party is paying ongoing spousal maintenance to the other, with no agreed end date
- There is a deferred clean break arrangement, where maintenance continues for a set period before automatically ending
- The parties want to preserve the right to return to court if circumstances change significantly
It is also worth noting that if a consent order deals with children or child maintenance, those matters operate separately. A clean break only relates to the financial claims between spouses, not obligations to children. Child maintenance arrangements are dealt with through the Child Maintenance Service and cannot be permanently severed in the same way.
“We speak to a lot of clients who assume that because they have agreed everything amicably, they are protected. The reality is that without a sealed consent order, that agreement is not worth the paper it is written on in legal terms. And without a clean break clause, either party can return to court with a financial claim, sometimes many years later. Getting the right order in place is one of the most important things you can do when you separate.”
Jess Knauf, Co-Founder, Family Law Service
Which One Do I Need?
The honest answer is: it depends on your situation. But for the majority of divorcing couples, a clean break consent order is the right choice. Here is a simple way to think about it:
You likely need a clean break consent order if:
- You and your ex have divided your assets and neither party is paying ongoing maintenance
- You have agreed a financial settlement and want legal protection on both sides
- You have no significant shared assets, but want to protect any future wealth you accumulate
- You want complete financial separation and certainty
You may need a consent order without an immediate clean break if:
- One party is financially dependent on the other and needs ongoing spousal maintenance
- You want a deferred clean break, where maintenance continues for an agreed period then ends
- There are complex assets, such as businesses or sizeable pensions, that need a staged settlement
For cases involving pensions, businesses, or more complex financial arrangements, our Premium Consent Order service is designed specifically for those situations, giving you expert drafting and full legal review at a fixed fee.
How to Get a Consent Order or Clean Break Consent Order
The process is broadly the same whether you are applying for a standard consent order or one that includes a clean break. Here is how it works:
Step 1: Reach an agreement with your ex. Before any paperwork can be submitted to the court, both parties need to agree on the financial terms. This can happen through direct negotiation, mediation, or with solicitor support.
Step 2: Have the consent order drafted. The document needs to be drafted correctly, using precise legal language that reflects your agreement and satisfies the court. Family Law Service can handle this for you at a fixed fee.
Step 3: Both parties sign. You and your ex both need to sign the draft consent order, along with a Statement of Information form (D81), which gives the court a financial overview of both parties.
Step 4: Submit to the court. The signed documents are sent to the family court for a judge to review. The judge considers whether the agreement is fair and reasonable.
Step 5: The order is sealed. If approved, the court seals the consent order and returns a copy to each party. It is now legally binding.
You do not need to attend court in person in most cases. The whole process is handled on paper, and at Family Law Service, we manage it all for you. Find out more about the costs involved in our guide to how much a consent order costs.
Can I Get a Consent Order Without a Solicitor?
Technically, yes. You can represent yourself (known as a litigant in person) and submit your own consent order to the court. But it is not something most people would want to do without support. Consent orders need to be drafted precisely. If the wording is wrong, if the D81 is incomplete, or if the agreement raises questions for the judge, the order can be rejected and you will need to start again.
Our guide on whether you need a solicitor for a consent order covers this topic honestly, including the situations where professional support really does make a difference. And if you are worried about what happens if the court is not satisfied with the draft, our guide to what happens if a consent order is rejected explains your options.
Family Law Service sits between the extremes of doing it all yourself and hiring an expensive solicitor. We draft and submit your consent order professionally, at a fixed fee, and without the hourly billing that makes traditional legal support feel out of reach.
What About the Financial Settlement Itself?
It is worth being clear: a consent order records the settlement you have already agreed. It does not negotiate the settlement for you. If you and your ex have not yet worked out how to divide your finances, you need to do that first.
Our guide to financial settlements on divorce is a good starting point if you are still in the process of working out what a fair split looks like. You might also want to read about specific areas such as how a house is split during divorce or pension sharing orders, both of which commonly feature in consent orders.
How Family Law Service Helped One Client Protect Her Future
Sarah and her ex-husband agreed to divide their joint savings equally and for her to keep the family car, with no property or pension involved. Because the amounts were modest, Sarah initially assumed she did not need a formal consent order. After speaking to our team, she understood the risk: her ex had recently started a business, and without a clean break in place, she could potentially be held liable for his future debts, or he could make a future claim if her circumstances improved. We drafted a clean break consent order for her, which was sealed by the court within six weeks. Sarah now has total financial certainty, at a fraction of the cost she had expected.
Summary
A consent order is the legal document that makes your financial divorce settlement binding. A clean break consent order does that and also permanently closes the door on future financial claims between you and your ex. Most divorcing couples benefit from a clean break, even when there are no assets to divide, because it protects both parties going forward.
The important thing is that whichever type you need, it has to be formally sealed by the court to be enforceable. An informal agreement, however well-intentioned, will not hold up legally. Family Law Service can help you get the right document drafted and submitted at a transparent, fixed fee.
Frequently Asked Questions
Is a clean break consent order the same as a consent order?
No. A consent order is a court-approved document that records any financial agreement on divorce. A clean break consent order is a specific type that also includes a clause permanently ending all future financial claims between both parties. Every clean break consent order is a consent order, but not every consent order contains a clean break.
Do I need a consent order if we have agreed everything between us?
Yes. A private agreement, even in writing, is not legally enforceable. Without a court-sealed consent order, either party can still make financial claims in future. Getting a consent order in place protects both of you.
Can I get a clean break order if my ex is paying me maintenance?
Yes, through what is known as a deferred or term clean break. This allows maintenance to continue for a specified period, after which the clean break takes effect and all financial claims are permanently ended. A judge has to consider whether this is fair in your circumstances.
How long does it take to get a consent order sealed?
Once submitted to the court, most consent orders are sealed within four to eight weeks, depending on the court’s current workload. Family Law Service will handle the submission and keep you updated throughout.
What is the difference between a clean break and a financial remedy order?
A financial remedy order is the broader term for any court order dealing with finances on divorce. A consent order is a type of financial remedy order reached by agreement. A clean break consent order is a consent order that also severs all future financial claims. If you cannot agree, the court can impose a financial remedy order at a contested hearing.
Can a consent order be changed after it has been sealed?
In very limited circumstances, yes. A consent order can be set aside if there was fraud, material non-disclosure of assets, or a significant change in circumstances shortly after it was made. However, clean break orders are designed to be permanent, and courts are generally reluctant to reopen them. This is why it is so important to get the agreement right from the start.
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