A consent order is a court order that makes your financial agreement legally binding when you divorce. A clean break order is a consent order that also ends all financial claims between you, for good. The court fee is £62, and without an order either of you could still make a financial claim against the other years later.
Getting divorced and sorting out your money are two separate legal processes. The final order ends the marriage. It doesn't stop your former husband or wife asking a court for a share of your savings, property, pension or future income. Only a financial order does that, and if you've agreed everything, a consent order is how you get one.
What is a consent order?
A consent order is a legal document that confirms your agreement about money and property: what happens to the house, savings, investments and pensions, and whether either of you will pay maintenance. You draft it and both sign it, then send it to the court with a short summary of your finances. A judge reads it, usually without a hearing, and approves it if it looks fair. If it doesn't, the judge can ask you to change it (GOV.UK).
Once approved, the order is binding on you both and can be enforced. It only takes effect once your final order has been made, so it can't come into force while you're still married (GOV.UK).
What is a clean break order?
A clean break order is a consent order that ends the financial obligations between you completely. Once it's made, neither of you can come back later and ask for more money, a share of a new house, an inheritance or a pension. The court has a legal duty to consider whether a clean break is appropriate whenever it makes a financial order on divorce, and can dismiss future claims (Matrimonial Causes Act 1973, section 25A).
Not everyone can or should have an immediate clean break. If one of you needs ongoing spousal maintenance, the order may provide for that instead, sometimes for a fixed period: see our guide to spousal maintenance. If the house is kept until the children are older, a Mesher order may delay the sale: see Mesher orders, explained. A clean break is between the two of you only. It doesn't end either parent's responsibility for the children, and child maintenance is arranged separately, between you or through the Child Maintenance Service (GOV.UK).
Do I need a clean break order?
If you want to be sure your ex can't make a claim against you in future, yes. There's no time limit on applying for a financial order after divorce. The leading example is the Supreme Court case of Wyatt v Vince [2015] UKSC 14. The couple divorced in 1992 with no financial order. In 2011, nineteen years later, the wife applied for a lump sum from her ex-husband, whose green energy company was by then worth at least £57 million. The Supreme Court ruled in 2015 that her claim could go ahead.
The same risk applies to people with very little when they divorce. If you have nothing much to split now but might inherit, start a business or build up a pension later, a clean break protects what you go on to have.
A trap to know about: if you remarry or form a civil partnership after your divorce without having applied for a financial order, you lose the right to apply for most financial orders against your former spouse, though they can still apply against you (Matrimonial Causes Act 1973, section 28(3)). Get your order in place before you remarry.
How much does a consent order cost?
The court fee is £62 (GOV.UK). On top of that you'll usually pay someone to draft the order, because the wording has to be precise. What you'll pay depends on who drafts it and how complicated your finances are.
| Cost, correct at 20 October 2026 | Typical price |
|---|---|
| Court fee | £62 |
| Online drafting service, simple case with no pension sharing (one provider's published price, including VAT) | £269 |
| Solicitor with over 8 years' experience, guideline hourly rate outside London | £288 to £295 |
| Solicitor with over 8 years' experience, guideline hourly rate in central London | £579 |
The online price is from Divorce-Online and excludes pension sharing, more than one property and business assets. The hourly figures are the official guideline hourly rates for 2026, which courts use when assessing costs; they exclude VAT, and many firms offer fixed fees for consent orders instead. If you're on a low income, Help with Fees can cover the £62, and if you both qualify for legal aid, it covers applying for a consent order after mediation (GOV.UK). For the whole picture, see how much a divorce really costs or our list of every divorce court fee.
How do I apply for a consent order?
- Reach an agreement. Between yourselves, through mediation or with solicitors. Our guide to splitting money and property explains what the court expects to see, and divorce mediation is often the cheapest way to agree.
- Wait for your conditional order. You can apply when you apply for divorce or any time after, but the court can't approve a consent order before your conditional order, so it's usually simpler to apply after it (GOV.UK).
- Draft the order and both sign it. You'll need the signed original and two photocopies.
- Complete a statement of information, Form D81. This summarises both your finances so the judge can check the agreement is fair.
- Complete a notice of application for a financial order. Only one of you needs to do this.
- Add a pension sharing annex if you're sharing a pension. This is Form P1, which gives the pension provider the information it needs (GOV.UK).
- Send everything with the £62 fee. If you're divorcing, GOV.UK says to post it to HMCTS Financial Remedy, PO Box 12746, Harlow, CM20 9QZ. Solicitors can apply through an online portal (GOV.UK).
GOV.UK advises applying before your final order, because applying afterwards can have financial consequences, particularly for pensions (GOV.UK). Our divorce timeline calculator shows when your conditional and final orders are likely to fall.
If you've agreed how to split things, a £62 court fee is a small price for knowing the settlement is final.
What about pensions?
If you've agreed to share a pension, the consent order includes a pension sharing order, and the pension sharing annex (Form P1) goes with it. The order transfers a percentage of one person's pension into a pension in the other's name. The wording has to be exact, because the pension provider must be able to put it into effect, so this is the part of a DIY consent order most worth having checked. Get the pension's cash equivalent value first, and consider advice from a family solicitor or a pension specialist. Our guide to pensions in divorce covers the options, including offsetting against other assets.
How long does a consent order take to be approved?
HMCTS doesn't publish a standard turnaround time for consent orders. Most are dealt with on paper without a hearing, but if the judge has questions or wants changes, the order comes back to you and the clock restarts. Build in time, particularly if you want the order approved before you apply for your final order. Once approved, it takes effect from the date of your final order (GOV.UK).
Is a consent order the same as a separation agreement?
No. A separation agreement is a written agreement between the two of you, often made before or instead of divorce. It isn't a court order. If you've already made a separation agreement, it can be the starting point for the consent order when you divorce.
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Find a family solicitorCommon questions
What is the difference between a consent order and a clean break order?
A consent order is any court order that makes an agreed financial settlement legally binding. A clean break order is a type of consent order that also ends all future financial claims between you, so neither of you can ask for more later.
How much does a consent order cost?
The court fee is £62. Drafting costs extra: one online service publishes a price of £269 including VAT for a simple order without pension sharing, while solicitors' guideline hourly rates for 2026 run from about £288 an hour outside London. Many firms offer fixed fees.
Do I need a clean break order if we have no assets?
It's still worth considering. There's no time limit on financial claims after divorce, so without an order your ex could make a claim if your circumstances improve, for example through an inheritance or a new business.
When can I apply for a consent order?
You can send it when you apply for divorce or any time after, but the court can't approve it until you have your conditional order. GOV.UK advises applying before your final order, particularly where pensions are involved.
Can I get a consent order after my divorce is final?
Yes, there's no time limit. But if you've remarried or formed a civil partnership, you lose the right to apply for most financial orders yourself, and GOV.UK warns that applying after the final order can have financial consequences, especially for pensions.
Sources
- GOV.UK, Apply for a consent order
- GOV.UK, Family court fees (EX50), updated 13 July 2026
- The National Archives, Find Case Law: Wyatt v Vince [2015] UKSC 14
- legislation.gov.uk, Matrimonial Causes Act 1973, section 25A
- legislation.gov.uk, Matrimonial Causes Act 1973, section 28
- GOV.UK, Pension sharing annex: Form P1
- GOV.UK, Solicitors' guideline hourly rates 2026
- GOV.UK, MyHMCTS: lodging a consent order application online (for solicitors)
- Divorce-Online, Online consent order prices (checked 20 October 2026)
- GOV.UK, Making child arrangements: mediation and legal aid
- GOV.UK, Making a child maintenance arrangement
- Ministry of Justice, Family Court Statistics Quarterly: April to June 2026
Keep reading
This guide is general information, not legal or financial advice. Laws, fees and figures change, so check the sources above and speak to a qualified professional about your situation. Facts checked 20 October 2026.