C
ClearView News

Is a clean break order the same as a consent order?

Author

Charlotte Adams

Published Feb 23, 2026

Is a clean break order the same as a consent order?

A Consent Order is exactly the same as a Clean Break Order only it is drafted for those couples who have financial assets to be divided. It will also include a paragraph that prohibits either party from making a financial claim against the other in the future.

In respect to this, is a consent order the same as a clean break?

A Consent Order is exactly the same as a Clean Break Order only it is drafted for those couples who have financial assets to be divided. It will also include a paragraph that prohibits either party from making a financial claim against the other in the future.

Furthermore, what is the difference between a consent order and a financial order? A financial order is the only way to ensure that any financial obligations between you and your ex are cut. Consent orders are for divorcing couples who have assets to divide and who want to make their Financial Settlement legally binding.

Also know, what is a clean break consent order?

Family Law. A clean break Consent Order is an agreement entered into by divorcing couples in order to prevent one or both of them from making any claims against the other's future income and/or assets.

What happens after the consent order?

Once the judge is satisfied, the consent order is 'sealed' and becomes legally binding. At any stage during this process, you may want to take legal advice. A lawyer can help you understand what a fair settlement would be, help negotiate agreement, prepare the consent order and file the application with the court.

In property matters, the Court can only make Orders which it considers to be “just and equitable”. Even where parties consent to the agreement, the Court can still refuse an application where they think that the agreement is unfair or if they thikn that one party should receive more.
You can file an application for consent orders at a family law registry, or electronically on the Commonwealth Courts portal. Currently the fee is $160. The court will not automatically make the consent orders you have agreed upon.
A Consent Order is a written agreement that is completed and signed by both parties and then sent to the Court to request legally binding Consent Orders. If your application is completed properly, and your settlement proposal is considered fair, the Court will approve the application and issue sealed Consent Orders.
The parties are able to negotiate the terms of the agreement amongst themselves without assistance from a lawyer and the documents don't need to be signed in the presence of a lawyer. Consent Orders are legally binding documents which can have a profound impact.
A financial order is a set of orders made by a court relating to the division of property and can include orders for payment of spouse or de facto partner maintenance. A court can make a financial order based on an agreement between the parties (consent orders) or after a court hearing or trial.
Consent Orders and Court Orders are not immune to being overturned, varied or appealed due to reasons similar to those for Financial Agreements. Court Orders even if made by consent also have the added risk of a former spouse being able to make a later claim for spousal maintenance.

Can I get a clean break order after decree absolute?

Once the Judge issues the Decree Absolute the court order becomes legally binding. You can also apply for a clean break order after the decree absolute has been granted. But, arranging your finances during the divorce process is always recommended if possible.

How much is a clean break order UK?

Our Clean Break Order Service costs £199 fixed-fee including VAT. You must make a court fee payment of £50 when filing a court order. This service is ideal for couples that don't have a complex financial situation, for example: You and your ex have already divided any assets.

Can my ex wife claim money after divorce UK?

However, there is no time limit in respect of making a financial claim from one ex-spouse to another, even after the final order of the divorce (decree absolute) has been granted. The Wife in this case chose to make a financial application against her ex-husband some 19 years after their divorce.

What is clean break divorce?

Understanding clean breaks

A clean break means ending the financial ties between you and your ex as soon as reasonable after your divorce or dissolution. Where there is a clean break, there will be no spousal maintenance paid.

between 3 and 4 weeks
Obtaining consent orders are part and parcel of doing a final property settlement. You should not transfer or sell significant assets without consent orders in place. If you are contemplating transfer or sales without consent orders, then you must obtain legal advice from an experienced family lawyer immediately.
A consent order is the document that sets out the financial agreement made by parties involved in a divorce. Once approved by the Court, it is legally binding and prevents either party from making a financial claim later on (subject to certain conditions).

What happens if my ex breaks a court order?

After hearing the application and considering any response, the court may enforce or vary the existing orders, warn the offending party that if they continue to breach orders they will be punished, or simply punish a person by way of fine or even imprisonment (often only as a measure of last resort).

Continue Reading

How do I add NAS storage to Hikvision NVR?

Who was John McCain's wife?

How does Gary Windass die?

Is a clean break order the same as a consent order?