Clean Break Order Guide UK 2025 — Why You Need One & How to Get It
Many divorced people believe that financial claims end when the divorce is finalised. They do not. Without a court-sealed consent order or clean break order, either party can make financial claims against the other — sometimes many years later. This guide explains what a clean break order is, what it costs, and why it is essential for virtually everyone who divorces.
CRITICAL: Divorce does not end financial claims. Only a court-sealed financial order does. Even if you have agreed everything informally, you need a consent order. Court fee: £53. Without an order, either party can claim years later — even if they remarry (remarriage bars their own future claims, but not if they apply before remarriage). Act now.
Why Divorce Alone Is Not Enough
This is arguably the most dangerous misconception in family law. When a Final Order of divorce is granted, it ends the marriage — but it does NOT end the financial claims the parties have against each other. These financial claims can be exercised many years later. There are numerous reported cases of former spouses — some separated for 15–20 years — successfully bringing financial claims after one party came into significant money (an inheritance, a lottery win, a business success).
The only way to end these financial claims is through a court order: a consent order (if agreed) or a financial remedy order made after contested proceedings. Without this, both parties remain at risk indefinitely.
The Clean Break Consent Order Process
- Agree the terms — what each party receives, any maintenance, pension arrangements. Get independent legal advice.
- Draft the consent order — the formal legal document. This can be done by solicitors, a specialist online service, or (for simple cases) using court guidance. Each party must sign the order and a D81 statement of information form.
- Submit to court — send to the divorce court (usually where the divorce was processed) with the £53 fee. You do not need a hearing for a straightforward agreed order.
- Judge reviews — a family judge reviews the order and statement of information. If satisfied it is fair, they seal it.
- Sealed order received — the sealed order arrives. Financial claims are now ended. Keep it safely.
The process typically takes 4–12 weeks from submission. The court will not simply rubber-stamp anything — the judge must be satisfied the order is fair, particularly where one party is giving up significant rights.
Remarriage Trap
If you remarry before obtaining a financial order against your former spouse, you lose the right to apply for certain financial orders (specifically a lump sum or property adjustment order). This is known as the remarriage trap. It does not affect pension sharing orders, which can still be applied for after remarriage. This is a critical reason to sort out the financial order before remarrying, even if you believe there is nothing to claim.
Frequently Asked Questions
Yes — both parties can sign the consent order documents wherever they are in the world. The documents can be scanned and emailed for electronic signature or sent by post. The English court retains jurisdiction over the financial order as part of the divorce proceedings. If your ex is in a jurisdiction that may not enforce the English order over local assets, take specialist advice about whether additional steps are needed in that country.
It is not too late as long as neither party has remarried (which would restrict some claim types). You can still apply for a consent order after the divorce is finalised — there is no time limit. However, the longer you wait, the more complex the situation can become (particularly if one party acquires new significant assets). Contact a family solicitor or specialist online consent order service to formalise your existing arrangements.