Clean Break Consent Order Explained: A 2026 UK Guide

A common misconception is that getting divorced automatically ends your financial ties with your ex. It does not. A divorce ends the marriage; a clean break consent order ends the financial relationship. Without one, your ex retains the right to bring a financial claim against you potentially for the rest of your life, regardless of how much time has passed or what new wealth you build. This guide explains exactly what a clean break consent order is, when you need one, what it contains, and how to apply for it. If you want the wider context first, our overview of consent orders covers the full picture.

What is a clean break consent order?

A clean break consent order is a financial order made by the family court that includes a “clean break clause”, a specific set of provisions that dismiss all current and future financial claims between you and your ex. Once the order is sealed by a judge, those claims are gone for good.

The court has a statutory duty, under Section 25A of the Matrimonial Causes Act 1973, to consider whether a clean break is possible in every case. The reason is simple: where it is fair to do so, the law prefers a clean break over open-ended financial ties between people whose relationship has ended.

It helps to break down the two pieces of terminology:

Term	What it actually is
Consent order	The court order itself, the document that records a financial agreement and makes it legally binding.
Clean break clause	A specific provision within the order that dismisses all future claims for capital, income, property, pensions, and inheritance.
Clean break consent order	A consent order that contains a clean break clause. The two together.

In other words, a clean break is not a separate type of order. It is a feature of a consent order that brings the financial relationship to a definitive end.

Why a clean break consent order matters

Without a clean break, the financial relationship between you and your former spouse stays alive after the divorce. That means either of you can ask the court for a financial order against the other at any point in the future. The risk is not theoretical:

• Lottery wins, inheritance, and business success: any future windfall is potentially at risk. The widely reported Nigel Page case, where an ex-wife successfully claimed a share of a £56 million lottery win roughly a decade after divorce, is the textbook example.
• No time limit: in Wyatt v Vince [2015] UKSC 14, the Supreme Court allowed a wife to bring a financial claim more than 19 years after the marriage had ended. There is no statute of limitations on financial claims arising from a marriage.
• Remarriage trap: if you remarry before a financial order is in place, you lose the right to make most financial claims against your ex yourself. The same does not apply in reverse.
• Inheritance and estate planning: without a clean break, your ex could potentially claim against your estate after your death, particularly if they were not adequately provided for during your lifetime.

A clean break consent order is the legal full stop. It is the difference between assuming the financial chapter is closed, and knowing it is.

When is a clean break consent order appropriate?

A clean break consent order is appropriate where both parties can achieve financial independence at the point of divorce, without one needing ongoing spousal maintenance from the other. That covers most divorcing couples, but not all.

A clean break usually works well when

• Both parties are working and earning, or both have the capacity to do so
• The marital assets can be divided fairly without ongoing payments between you
• There are no significant earning disparities that need to be addressed over time
• You have agreed how to deal with the family home, savings, and pensions in one settlement
• Any children involved can be supported through the Child Maintenance Service or a private agreement

A clean break may not be appropriate when

• One spouse needs spousal maintenance to meet day-to-day living costs
• There is a significant income gap that cannot be addressed by an upfront capital split
• One party has been out of the workforce for a long period (often caring for children) and needs time to rebuild earning capacity
• Health issues or caring responsibilities limit one party’s ability to be financially independent
• Pension provision is so unequal that maintenance is needed to bridge the gap before retirement

Where those circumstances apply, the order will usually include spousal maintenance for a set period, often called a deferred clean break. The clean break kicks in once the maintenance period ends, severing all further claims.

What does a clean break consent order contain?

A properly drafted clean break consent order typically sets out:

1. Property arrangements: whether the family home is sold, transferred to one party, or retained, and how the proceeds are split
2. Lump sum payments: the amount and timing of any cash payment from one party to the other
3. Pension arrangements: pension sharing, pension offsetting, or confirmation that each party keeps their own pension
4. Savings and investments: how joint accounts, ISAs, shares, and other investments are divided
5. Debts and liabilities: who takes responsibility for which debts going forward
6. The clean break clause itself: standard wording dismissing all future claims for capital, income, property, pensions, and claims against each other’s estates under the Inheritance (Provision for Family and Dependants) Act 1975

The order is submitted to the court along with a Form D81 statement of information, which discloses both parties’ financial positions before and after the order takes effect. The judge uses Form D81 to check the agreement looks fair.

Can you have a clean break with a pension share?

Yes. A clean break consent order can include a pension sharing order, a pension attachment order, or a pension offset against other assets. The clean break clause takes effect once the pension arrangement is implemented, which can take up to 4 months after the order is sealed.

It is a common misconception that pensions and a clean break are incompatible. They are not. What pensions do is add complexity to the drafting and slightly extend the implementation timeline.

How to get a clean break consent order

The process has four stages:

1. Reach agreement: agree how to divide assets, pensions, and any liabilities. Mediation is usually the fastest route if you are not already in agreement.
2. Drafting: a family law specialist drafts the order and the accompanying Form D81. Both parties read, raise any queries, and sign.
3. Submission: the signed order, Form D81, and the £62 court fee (since July 2026) are submitted to the family court that issued your divorce, which can only happen once your divorce has reached the conditional order stage.
4. Judicial review and sealing: a district judge reviews the order on paper, checks fairness, and seals it. Approval typically takes 4 to 10 weeks.

For more on how long each stage takes, see our guide to how long a consent order takes.

How much does a clean break consent order cost?

The costs split into two parts:

• Court fee: £62 (since July 2026), payable to HMCTS when the order is submitted.
• Drafting fee: typically £399 to £800 for a fixed-fee specialist service, £800 to £2,000+ with a traditional high-street solicitor depending on complexity and billable revisions.

DIY clean break consent orders are technically possible, and gov.uk does provide the relevant forms. The risk is that poorly worded clauses can leave gaps in protection, or be rejected by the court for unclear or unenforceable wording. A rejection adds weeks, sometimes months, to the process and may require resubmission.

Common myths about clean break consent orders

• “My divorce is final, so I don’t need one”: a Final Order ends the marriage. It does not end the financial relationship. Without a clean break consent order, the financial claims remain live.
• “We don’t have any assets, so it’s not worth it”: this is the most expensive myth. Future assets, inheritance, business success, lottery wins, are exactly what a clean break protects against. A couple with little now may have a lot in 20 years.
• “It dismisses child maintenance too”: it does not. Child maintenance can never be permanently dismissed and is dealt with separately by the Child Maintenance Service or by agreement.
• “It must be done before the Final Order”: ideally yes, but a clean break consent order can be obtained at any point after the conditional order stage, including after the divorce has been finalised. Just do it sooner rather than later.
• “You can have one if your ex refuses to sign”: no. A consent order requires consent. If your ex will not agree, the route is either mediation, or applying for a contested financial order through the court (Form A).

Frequently Asked Questions