What’s the Difference Between a Consent Order and a Clean Break Order?
A consent order is a legally binding agreement approved by the court that sets out how you and your ex-partner will divide money, property, pensions, and debts after divorce or separation. It can include ongoing financial obligations, such as spousal maintenance or deferred payments.
A clean break order is a special type of consent order. It goes further by ending all financial ties between you and your ex-partner. Once approved, neither party can make any future financial claims against the other—no ongoing payments, no future claims for income, property, or pensions. It provides total financial separation and peace of mind.
How to apply for clean break order:
1. Draft your clean break order using the template.
2. Complete Form A (if not already done) to start financial proceedings.
3. Fill in the details and sign the order with your ex-partner.
4. Submit the signed order and Form A to your local Family Court.
5. Attach supporting evidence (property values, pensions, debts).
6. Pay the court fee (usually £60).
7. Wait for the judge to review and approve your order.
IN THE FAMILY COURT AT [Insert Court Name]
Case Number: [Insert Case Number]
BETWEEN:
[Full Name of Applicant] (Applicant)
and
[Full Name of Respondent] (Respondent)
CONSENT ORDER (CLEAN BREAK)
UPON the parties having reached agreement in full and final settlement of all financial claims arising from their marriage/civil partnership
BY CONSENT IT IS ORDERED THAT:
The property at [insert address] shall be transferred to [Applicant/Respondent] on or before [insert date].
The Applicant shall pay to the Respondent the sum of £[insert amount] by [insert date], in full and final settlement of all claims for capital, income, and pension sharing.
The parties shall each retain their respective personal possessions, savings, and investments not otherwise dealt with in this order.
The parties shall each be responsible for their own debts incurred after [insert date].
All claims for financial provision, property adjustment, pension sharing, and lump sum orders by either party against the other are dismissed, and neither party shall make any further application in relation to their marriage/civil partnership under the Matrimonial Causes Act 1973 or Civil Partnership Act 2004.
There shall be no order as to costs.
SIGNED:
Applicant
Respondent
Date: ________________
What Is a Clean Break Order?
A clean break order is a court-approved agreement that dismisses all financial claims between you and your ex-partner after divorce or dissolution. It covers the division of money, property, pensions, and debts, and ensures that neither party can return to court in future to ask for more. This is the best way to secure a fresh start and avoid ongoing financial entanglements.
Example: Completed Clean Break Order(Caira is a good and helpful product that draft clean break orders like the below for our users, in seconds)
IN THE FAMILY COURT AT LIVERPOOL
Case Number: 87654321
BETWEEN:
Emma Louise Carter (Applicant)
and
Michael Andrew Carter (Respondent)
CONSENT ORDER (CLEAN BREAK)
UPON the parties having reached agreement in full and final settlement of all financial claims arising from their marriage
BY CONSENT IT IS ORDERED THAT:
The former matrimonial home at 45 Willow Road, Liverpool, L18 3XY, currently valued at £420,000 with an outstanding mortgage of £180,000, shall be transferred to the Respondent, Michael Andrew Carter, who will be solely responsible for the mortgage from the date of transfer. The transfer shall be completed by 15 February 2026.
The holiday cottage at 7 Seaside Lane, Blackpool, FY1 6AB, currently valued at £210,000 with an outstanding mortgage of £60,000, shall be transferred to the Applicant, Emma Louise Carter, who will be solely responsible for the mortgage from the date of transfer. The transfer shall be completed by 15 February 2026.
The flat at 3B Market Street, Chester, CH1 2LR, currently valued at £95,000 with no mortgage, shall be sold. The net sale proceeds, after payment of any selling costs and outstanding liabilities, shall be divided equally between the Applicant and the Respondent.
The Applicant, Emma Louise Carter, shall pay to the Respondent a lump sum of £40,000 by 1 March 2026, in full and final settlement of all claims for capital, income, and pension sharing.
The Applicant shall retain her personal savings of £18,000 held with Nationwide and her workplace pension with DEF Pensions (current value £85,000).
The Respondent shall retain his personal savings of £7,500 held with Lloyds and his workplace pension with GHI Pensions (current value £70,000).
The parties’ joint car loan of £6,000 with Santander shall be paid equally, with each party responsible for £3,000.
Each party shall be responsible for any debts incurred in their sole name after 1 November 2025.
All claims for financial provision, property adjustment, pension sharing, and lump sum orders by either party against the other are dismissed, and neither party shall make any further application in relation to their marriage under the Matrimonial Causes Act 1973.
There shall be no order as to costs.
SIGNED:
Emma Louise Carter
Michael Andrew Carter
Date: ________________
Details to consider
Property Transfer:
Full address of the property
Who will receive the property
Date by which the transfer must happen
Lump Sum Payments:
Exact amount to be paid
Who will pay and who will receive
Payment deadline
Pension Sharing:
Name of pension provider
Percentage or amount to be transferred
Any deadlines or conditions
Debts:
List any joint debts and who will be responsible
State that each party is responsible for their own future debts
Dismissal of Future Claims:
Make it clear that all financial claims are dismissed
Reference the relevant law (Matrimonial Causes Act 1973 or Civil Partnership Act 2004)
Signatures and Dates:
Both parties must sign and date the order
Common Mistakes to Avoid
Missing or incorrect details: Even a small error—such as a misspelled name, wrong address, or outdated account number—can cause the court to reject your order or delay approval. Double-check every detail, especially where there are multiple properties or accounts.
Leaving out assets, debts, or income: Every property, savings account, investment, business interest, or loan—no matter how small or who “uses” it—should be included. Omitting something, even by accident, can lead to the order being set aside later or further claims being made.
Vague or unrealistic payment terms: Orders that say “as soon as possible” or “when the house sells” without a clear deadline or fallback plan often lead to disputes. Specify exact amounts, payment methods, and dates. If a property is to be sold, set out what happens if it doesn’t sell by a certain date.
Overlooking pensions or future entitlements: Pensions are often the largest asset after the family home. Failing to include them, or being unclear about the provider, value, or percentage to be shared, is a frequent source of problems. If you’re unsure, get a current statement and specify exactly what is to happen.
Not providing supporting evidence: The court expects to see evidence for property values, mortgage balances, pension values, and debts. In high-conflict cases, the other party may challenge your figures, so attach up-to-date statements and valuations to avoid disputes.
Assuming verbal agreements are enough: The court can only approve what’s written in the order. Side agreements or informal understandings about future payments, maintenance, or asset division are not enforceable unless included in the order.
Forgetting the clean break: If you want to prevent future claims, the order must clearly state that all financial claims are dismissed under the Matrimonial Causes Act 1973. Without this, either party could return to court years later.
Not addressing what happens if things go wrong: In more litigious situations, it’s wise to include what happens if a party doesn’t comply—such as interest on late payments, or who pays costs if enforcement is needed.
Failing to consider tax or practical consequences: Transfers of property, sale of assets, or pension sharing can have tax implications or practical hurdles. If in doubt, check how these will be handled and make sure the order reflects any necessary steps.
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Disclaimer: This article does not constitute legal, financial, or tax advice. Outcomes in legal proceedings can vary depending on individual circumstances and the evidence presented to the court.