GUIDE • DIVORCE FINANCE SOLICITORS
Consent orders and clean breaks
Reaching an agreement about money and property is a significant milestone in any divorce, but an agreement on its own does not bring financial claims to an end. To make a settlement legally binding, and to ensure neither spouse can bring further claims in future, the terms need to be approved by the court in a consent order. This guide explains what consent orders and clean breaks are, why they matter, and how to obtain them.
Written by Nicola Jones - Partner, Divorce and Family - Last reviewed 13th October 2026
KEY POINTS
- A consent order turns an agreed financial settlement into a legally binding court order.
- Without a court order, financial claims remain open, even after the divorce is finalised.
- A clean break ends all ongoing financial claims between spouses, now and in the future.
- A consent order can be submitted once the conditional order has been made.
- The judge will review the terms and may query them if they appear unfair.
What is a consent order?
A consent order is a financial order made by the court on terms that both spouses have agreed. It sets out how property, savings, pensions and other assets are to be divided, and whether either spouse will pay maintenance to the other. Once approved by a judge, it is legally binding and can be enforced in the same way as an order made after a contested hearing. The agreement itself may be reached through negotiation, mediation, collaborative law or arbitration.
Why do we need one if we've already agreed?
The final order ends the marriage, but it does not end the spouses' financial claims against each other. Unless those claims are dismissed by a court order, either spouse can apply for a financial settlement at any point in the future, even many years later. In Wyatt v Vince [2015], the Supreme Court allowed a former wife to pursue a claim almost two decades after the divorce, by which time her former husband had built a highly successful business. A consent order provides certainty and protection for both parties.
What is a clean break?
A clean break means that once the terms of the order have been carried out, neither spouse has any further financial claims against the other, whether for capital, maintenance, pensions or against each other's estate. The court is required to consider whether a clean break is appropriate in every case under section 25A of the Matrimonial Causes Act 1973. A clean break can be immediate, or deferred, where maintenance is paid for a fixed period before all claims come to an end.
If you have reached an agreement and want to make it legally binding, click below to speak to one of our family solicitors in confidence.
When is a clean break not appropriate?
A clean break is not always possible. Where one spouse cannot meet their needs without ongoing financial support, for example because they have been out of work raising children, the court may order maintenance to continue, sometimes without a fixed end date. A clean break also cannot end obligations to children: child maintenance remains payable regardless of what the order says, and either parent can usually apply to the Child Maintenance Service.
How do we apply for a consent order?
A consent order can be submitted to the court once the conditional order has been made in the divorce. A solicitor will usually draft the order to ensure it reflects the agreement accurately and is enforceable. It is then submitted, normally online, together with a statement of information (form D81) summarising each party's finances, and a court fee. A judge reviews the papers without a hearing. If the terms appear unfair, or the information is incomplete, the judge may ask for more information or invite the parties to attend court. The order takes effect once the final order has been made.
Can a consent order be changed or set aside?
Orders dividing capital, such as property transfers and lump sums, are generally final. Maintenance orders can usually be varied if circumstances change, unless the order prevents this. A consent order may be set aside in limited circumstances, such as where one party failed to give full disclosure, misled the other, or where an unforeseen event soon after the order fundamentally undermines the basis on which it was made.
Common questions
Usually not, because the divorce itself is dealt with on paper and most financial and children matters are settled without a contested hearing. Mediation, collaborative law, arbitration and solicitor negotiation can all help you reach an agreement without going to court.
You can apply for the conditional order after a minimum of 20 weeks, and then for the final order six weeks and a day after that, so around seven months at the earliest. It often takes longer, especially if you wait for finances to be agreed before applying for the final order.
IN THIS GUIDE
Why do we need one if we've already agreed?
When is a clean break not appropriate?
How do we apply for a consent order?
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How we work
An experienced family solicitor will run your matter from the first meeting onwards, and you will deal with them directly rather than being passed between members of a team.
Part of their job is to help you decide where your time and money are best spent. In most divorces there are points worth pressing and points that make little difference to the end result, and we will be straightforward with you about which is which.
A lot of matters are resolved through negotiation or mediation, and where that is realistic we will recommend it. Where it is not, because the other side will not engage, or disclosure is incomplete, or the issues are genuinely contested, we will advise you on taking the matter to court and act for you there.
Rushton Family Law is the sister brand of Vardags. If your case involves complex finances or international issues, we will introduce you to the Vardags team.
