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To obtain a clean break agreement, couples need to both sign the consent order.Judges are responsible for making the order in divorce proceedings, but a court hearing is not always needed.Under family law, the judge will weigh up whether the terms are fair to both people.

A clean break order is used following a divorce and essentially means that each person's financial affairs are completely severed from the other's. Without a clean break order or a consent order from the court, your ex-spouse could make a financial claim against you at any time in the future.

A Clean Break Order is legally binding in almost all circumstances although there is the potential for the court to overturn it. If there is an intervening event within 12 months of the Clean Break Order being in place then a different order may be issued.

A clean break order ends all the financial ties between you and your ex-partner, even if you do not have any assets. This means neither of you can make a financial claim against the other in future. It normally costs between £300 and £500, plus a £50 court fee.

What is a Clean Break Order? Also known as a Clean Break Consent Order, this is a legally binding document, drafted by a solicitor and approved by the Court, that sets out the division of any property, assets, pensions and maintenance payments on divorce.

In short, yes. A Clean Break Consent Order is an order of the Court therefore it must be drafted by a solicitor to ensure that it contains all of the necessary provisions to protect you and to prevent any future claims being made.

A clean break order ensures the financial ties between you and your ex-spouse are severed following divorce. Without one, your ex-husband or wife could make a financial claim against you in the future, no matter how many years have passed since you separated.