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Guide · England and Wales

Financial orders: why a clean break and a consent order matter

Getting divorced and sorting out your money are two separate things. This guide explains how to make a money agreement legally binding, and why that matters.

Last checked: 25 October 2026. See our sources.

In short

  • Until you have a legally binding financial order, you and your ex-partner can still make financial claims against each other, even years after the divorce.[1]
  • If you agree, you can ask the court to approve a consent order. The fee is £62.[2]
  • A clean break means ending the financial ties between you. The only way to guarantee no future claims is a court order that says so.[3]
  • If you can't agree, a court can decide. That usually takes longer and costs more.[4]

Why this matters

In England and Wales, getting divorced or ending a civil partnership doesn't automatically settle your finances.[1] If your agreement isn't legally binding, a court can't enforce it if there are problems later.[2]

A financial order can cover pensions, property, savings and investments, and can include maintenance payments.[4]

What a clean break is

A clean break means ending the financial ties between you and your ex-partner as soon as is reasonable after the divorce or dissolution. With a clean break, there's no spousal maintenance. Child maintenance is dealt with separately.[3]

The only way to guarantee your ex-partner can't make financial claims against you in the future is a court order that sets out your arrangements and says there's to be a clean break.[3] Where it can, a judge will usually try to arrange a clean break.[4]

A clean break isn't always possible, for example where one of you can't support yourself without maintenance.[3]

A consent order is a legal document that confirms your agreement. It's the way to make it legally binding.[2]

  1. You draft the order setting out what you've agreed, and both sign it.[2]
  2. You fill in a statement of information form (D81).[2]
  3. One of you also fills in a notice of an application for a financial order (form A), and the forms are sent to the court with the £62 fee.[2]
  4. There's usually no hearing. A judge approves the order if they think it's fair, or can ask you to change it.[2]

It's usually simpler to ask for approval after your conditional order and before your final order. The court can't approve a consent order before your conditional order, and asking after the final order may have financial consequences, particularly for pensions. The order only takes effect after your final order.[2]

Be open about money

You'll both need to be completely open about your debts, savings, property and investments. This is called financial disclosure.[1]

Any agreement could be challenged later if it turns out information was held back.[1] Our money picture tool can help you list what you have.

If you can't agree: asking the court to decide

You'll usually need to go to a MIAM first, unless an exemption applies.[4] Then one of you applies using form A. The court fee is £321.[4]

There are three stages:[4]

  1. A first appointment, a short hearing with the judge, usually 12 to 14 weeks after you apply.
  2. A financial dispute resolution (FDR) appointment, to help you agree without needing a final hearing.
  3. A final hearing, if you still can't agree, where a judge decides.

Before the first appointment you'll each fill in a financial statement (form E) and collect documents such as payslips or P60s, pension documents, mortgage or rental agreements, loan agreements, and details of belongings worth more than £500.[4]

How a court decides

A judge looks at how long you've been married, and at things like your ages, your ability to earn, your property and money, your living expenses and standard of living, your needs and responsibilities, your role in looking after the family, and any disability or health condition.[4]

They'll make arrangements for any children first, especially their housing and child maintenance. The reason for the divorce isn't taken into account.[4]

Maintenance payments

Spousal maintenance is a regular payment to an ex-partner who can't support themselves without it.[3] It can be paid for a set period, or until one of you dies or the person receiving it remarries or forms a new civil partnership.[5][3]

Spousal maintenance you receive is tax-free, but it can affect Universal Credit and some other benefits.[3]

Separation agreements

If you're separating but not ready to divorce, a separation agreement can set out arrangements like who lives in the home and who pays the rent or mortgage for now. In England and Wales it isn't legally binding, so it isn't the same as a court order.[1]

Tax

Moving money, property or shares between you can have tax consequences. The rules depend on your situation and when the transfer happens, so we haven't summarised them here. Read GOV.UK's guidance on tax when transferring assets and ask an adviser if you're unsure.[6]

Other guides

Who can actually advise you

Splitt gives general guidance, not advice. For advice on your own situation, these are the people to talk to:

  • Family solicitorGives legal advice on your rights and options, and whether you're getting a fair deal. A solicitor can also ask a pension on divorce expert to look at your pensions.[7]
  • Family mediatorHelps you both work through the decisions you need to make, without taking sides. A mediator can't give advice, but is usually much cheaper than legal advice.[7]
  • Pension on divorce expert (PODE)A specialist who can examine all your pensions, write a detailed report and recommend how to split them.[7]
  • Financial adviserGives financial advice, for example on your pensions and how a settlement affects your plans for the future.[7]

Free, impartial help

Find a mediator or family lawyer

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Sources

Last checked: 25 October 2026. We read every source below on that date. Rules and fees change, so check the official page before you act.

  1. How to sort out your money on divorce or dissolution, MoneyHelper. https://www.moneyhelper.org.uk/en/family-and-care/divorce-and-separation/how-to-sort-out-your-finances-on-divorce-or-dissolution
  2. Money and property: if you agree (consent order), GOV.UK. https://www.gov.uk/money-property-when-relationship-ends/apply-for-consent-order
  3. Clean break or spousal maintenance after divorce or dissolution, MoneyHelper. https://www.moneyhelper.org.uk/en/family-and-care/divorce-and-separation/clean-break-or-spousal-maintenance-after-divorce-or-dissolution
  4. Money and property: get the court to decide, GOV.UK. https://www.gov.uk/money-property-when-relationship-ends/get-court-to-decide
  5. Money and property: maintenance payments, GOV.UK. https://www.gov.uk/money-property-when-relationship-ends/maintenance-payments
  6. Money and property: tax when transferring assets, GOV.UK. https://www.gov.uk/money-property-when-relationship-ends/tax
  7. Split pensions in a divorce or dissolution, MoneyHelper. https://www.moneyhelper.org.uk/en/pensions-and-retirement/pension-problems/split-pensions-in-a-divorce-or-dissolution

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