Consent Order: Overview
Clean Break Consent Order
A Clean Break Consent Order creates a legally binding end to all future financial claims between spouses after divorce. It stops either party from making claims later on—whether about income, property, pensions, or inheritance. A clean break gives both parties certainty, closure, and long‑term financial security.
What Is a Clean Break?
A Clean Break Consent Order is a financial order that cuts all financial ties between divorcing spouses. Once the court approves it, neither party can return to court to seek further financial provision.
A clean break covers:
- Capital claims
- Income claims
- Pension claims
- Claims against estates (inheritance)
- Any future financial obligations
It offers the only guaranteed way to close financial claims permanently.
Why a Clean Break Is Important
Finality and Protection
Without a clean break, financial claims stay open—even many years after the divorce.
Prevents Future Claims
Either party could otherwise seek maintenance, lump sums, or property adjustments later.
Legally Binding
The court enforces the order once it approves it.
Peace of Mind
Both parties can move forward knowing their finances are fully separated.
The Legal Process
The clean break process follows a clear, structured path.
Step 1: Agreement Between the Parties
Both parties agree not to pursue any financial claims now or in the future. They can reach this agreement directly, through solicitors, or in mediation.
Step 2: Drafting the Clean Break Consent Order
The parties prepare a formal draft that sets out the clean break terms. The order must clearly state that all financial claims—capital, income, pension, and inheritance—are dismissed.
They must also complete a Statement of Information (Form D81 in England and Wales) to show the court each party’s financial position.
Step 3: Submitting the Order to the Court
The parties send the draft order, Form D81, and the court fee to the court for approval. Most cases do not require a hearing.
Step 4: Judicial Approval
A judge reviews the order to confirm:
- Both parties understand the agreement
- The clean break is fair and appropriate
- No unresolved financial issues remain
If everything is in order, the judge approves the clean break.
Step 5: Final Court Approval
Once the court approves the order, it becomes legally binding. All financial claims end, and neither party can apply for further financial provision.
Key Considerations Before Applying for a Clean Break Consent Order
- The court requires full financial disclosure (via Form D81).
- A clean break may not work where ongoing financial support is necessary.
A Consent Order plays a crucial role in the divorce process. Poor drafting can leave you exposed to future claims.
Automated Clean Break Consent Order Template Service
You can create your Consent Order using our automated template service. Answer a set of guided questions and receive a professionally structured clean break order ready for court submission.
