Clean Break vs Consent Order – What Is The Difference?

Clean Break Orders and Consent Orders are court orders that allow you to sever the financial ties between you and your ex-spouse.

Whilst there are similarities between the two orders, each one is suited to different circumstances.

In this article, we’ll cover the differences between a clean break order and a consent order to help you understand which is the more suitable option when choosing to sever the financial ties of your marriage or partnership.

What is a Clean Break Order?

A Clean Break Order is a specific type of Consent Order issued by the court that severs all financial ties between you and your spouse. It is suited to financially independent couples who don’t have assets to divide, but who still want to end all financial ties.

It does not cover spousal or child maintenance payments.

A Clean Break Order will protect both parties against any financial claims in the future. This includes claims against future property purchases, pensions, wills, inheritances and earnings. It is important to know that without a clean break order, an ex-spouse could challenge a will that is made after a divorce.

If you have complex financial ties or multiple assets to divide, then a Clean Break Order will not suffice, and a Consent Order would be the more suitable option.

What is a Consent Order?

A Consent Order is similar to a Clean Break Order, in that it is a legal order approved by the court that finalises the financial arrangements between both parties.

However, in contrast to a Clean Break Order, a Consent Order can encompass a complex range of financial agreements, including the division of ongoing commitments such as property, spousal maintenance, pensions and investments.

A Consent Order requires that both parties agree to its terms, and once approved by the court, it becomes sealed, meaning both parties must adhere to the agreed terms.

If terms cannot be agreed, a couple can ask the court to decide how their assets should be divided.

Which order is right for you?

If you are getting divorced with no assets, but you wish to sever all financial ties and protect yourself against any future claims, you need a Clean Break Order.

If you’re divorcing with multiple assets and shared financial interests, or you believe that maintenance payments will be a consideration, a Consent Order will be the more suitable choice.

How we can help?

If you have agreed terms with your ex-spouse on how to divide your finances, we can draft the appropriate legally binding order for you, ready for it to be submitted to the court.

We offer transparent, up front pricing with no hidden extras and our Clean Break Order and Consent Order services offer a significant saving compared to high street solicitors.