Consent orders & clean breaks — sealing your agreement without a fight
REVIEWED BY: Sean McNamara on 2026-08-28
What a consent order is
If you and your ex agree how to divide money and property, a consent order turns that agreement into a binding court order — same force as if a judge had decided it. Without one, either of you can bring a financial claim against the other years after divorce (there is no automatic time limit).
Why you need one (even when things are amicable)
- It severs future claims: no spouse maintenance, no later claim on the house, pension or inheritance
- Banks/building societies and the Land Registry act on it (transfers of the home, mortgage releases)
- It protects both sides: agreed terms can't be rewritten later except in rare circumstances
The "clean break"
A clean-break order ends all financial ties — no ongoing maintenance, each side keeps what the order gives them. Courts approve clean breaks where needs are met and there's no reason for ongoing support (usually with children, some spousal maintenance or provision via the house remains until the children are older).
How to get one
1. Reach agreement (directly, through mediation — see our mediation guide — or via solicitors) 2. Draft the order (a D81 statement of information about both parties' finances must accompany it; solicitors draft the order itself — see our finding-a-solicitor page) 3. File with the court with the final order (decree absolute) application or after it 4. A judge checks it's fair on its face and approves it — usually without a hearing 5. Court fee applies (check help-with-fees eligibility — see our HMCTS fees page)
Practical warnings
- The judge CAN reject an unfair consent order — full and frank D81 disclosure matters
- Pensions and the house must be properly valued before agreeing (see our pension sharing guide)
- Verbal agreements about "we'll sort it between us" are not enforceable
Official links
- https://www.gov.uk/money-property-when-relationship-ends
- https://www.gov.uk/looking-after-children-divorce
This page is general information, not legal advice. YourFamilyCase.co.uk is an independent information directory and is not affiliated with HMCTS or gov.uk.
Content verified against the official HMCTS court directory, gov.uk forms and fees pages, and the professional body registers (SRA, FMC, Bar Council). Last reviewed September 2026.