Last updated: July 2026
by Jess Knauf, Director of Client Strategy at Mediate UK. Reviewed by Belinda Atkins, Managing Director, Family Legal Ltd, in line with our editorial standards.
Key Takeaways
- A clean break order (a type of consent order) legally ends the financial ties from your previous marriage.
- You can legally remarry without one, but it leaves you open to financial claims from your ex-spouse years later.
- Remarrying first changes what you can claim, you lose the right to seek spousal maintenance from your ex.
- Getting a clean break order before you remarry protects both you and your new spouse.
- Mediation is usually the quickest and least expensive way to reach the agreement behind a consent order.
Can I Remarry Without a Financial Consent Order?
You can legally remarry without a financial consent order, but it is risky. Without a clean break order in place, your ex-spouse can still make a financial claim against you, sometimes years or even decades after the divorce. Getting one before you remarry protects you and your new spouse.
Planning to remarry after divorce is exciting, but it raises an important question about your past: can I remarry without a consent order? The short answer is that you can, but doing so could create real problems for you and your new spouse. This guide explains why a clean break order matters, what changes once you remarry, and how to put the right protection in place.
What Is a Clean Break Consent Order?
A clean break order is a consent order that settles all financial matters between you and your ex-spouse permanently. Once a judge approves it, neither of you can make a future financial claim against the other. It draws a line under your financial relationship for good. It can cover:
- Property division
- Savings and investments
- Pension sharing
- Responsibility for debts
- Spousal maintenance, or a clean break from it
If you want to understand how a clean break differs from an ordinary consent order, our guide on the difference between a consent order and a clean break consent order explains it in plain English.
Can You Legally Remarry Without a Consent Order?
Yes. Once your final order (previously called the decree absolute) is granted, your marriage has legally ended and you are free to marry again. But the final order only ends the marriage. It does not end the financial ties. Without a consent order, you stay financially connected to your ex-spouse, and that connection does not disappear just because you have found someone new.
“We often work with couples who think an amicable divorce means they do not need formal paperwork. The trouble is that circumstances change. What feels unnecessary today can become vital protection years later, especially once one of you has built up new assets or remarried. A clean break order is the one piece of paperwork we would never skip.”
Jess Knauf, Director of Client Strategy, Mediate UK
What Are the Risks of Remarrying Without a Clean Break Order?
The main risk is that your ex-spouse can make a financial claim against you at any point in future. These claims could target your new family home, savings you have built with your new spouse, your pension, or any inheritance you receive.
The Supreme Court case of Wyatt v Vince [2015] UKSC 14 shows how long these claims can last. Kathleen Wyatt was allowed to bring a financial claim against her ex-husband around 19 years after their divorce, because no clean break order had ever been made. There is no time limit on financial claims where no order is in place.
It does not just affect you. Your new spouse could be drawn into a dispute about your previous marriage, and their financial information may need to be disclosed if your ex-spouse makes a claim. A clean break order removes that worry for both of you.
Want to protect your future before you remarry?
Mediation helps you and your ex-spouse agree the terms of a clean break quickly and without conflict, so it can be turned into a consent order. It is usually far less expensive than fighting a claim later.
How Does Remarriage Change What You Can Claim?
Timing matters. Sorting your clean break order before you remarry gives you the most flexibility, because you can still negotiate spousal maintenance if you need it. Once you remarry, your position changes in three main ways:
- No spousal maintenance claims: you cannot seek ongoing maintenance from your ex-spouse once you remarry.
- Your new spouse’s resources count: their income and assets become relevant to any claim, which can reduce what you receive.
- More disclosure: if you sort finances after remarrying, you will usually need to disclose your new spouse’s finances too, which can feel intrusive.
The case of Fleming v Fleming [2003] EWCA Civ 1841 illustrated how remarriage can significantly reduce a person’s financial claims, because their new spouse could support them. The Court of Appeal has also long encouraged a clean break wherever possible, a principle confirmed by the House of Lords in Miller v Miller; McFarlane v McFarlane [2006] UKHL 24.
How Do You Get a Clean Break Order?
There are two stages: agreeing the terms, then getting the court to approve them. Family mediation is usually the quickest and least expensive way to reach agreement, because a neutral mediator helps you settle the terms without the process becoming adversarial. Once you agree, the consent order is drafted, both of you sign it, and it is sent to the court with a statement of information. A judge reviews it on paper, and in most cases there is no hearing.
The court fee to apply for a consent order is £62 (as of July 2026). Source: GOV.UK family court fees. Before that, you will need full financial disclosure from both sides, because the court will only approve an order it considers fair.
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What Happens When There Is No Order? Two Real Examples
The claim years later
A client came to us after receiving court papers from an ex-spouse she had divorced 15 years earlier. She had remarried, had children and built a successful business. Her ex-husband, facing money troubles, made a claim against her assets. Without a clean break order, he was entitled to try. The case took two years to resolve and cost tens of thousands in legal fees, all of which a clean break order would have prevented.
The pension surprise
Another client discovered that his ex-wife could claim against his pension just months before he retired. They had divorced amicably 12 years earlier but never formalised their finances. His pension had grown a great deal, and she was able to claim a share, which changed his retirement plans. A clean break at the time of the divorce would have closed that door.
Summary
You can remarry without a consent order, but it is rarely wise. Without a clean break order, you stay financially tied to your ex-spouse indefinitely, and they can make a claim years or even decades later, as Wyatt v Vince showed. Remarrying first also limits what you can claim, as you lose the right to spousal maintenance and your new spouse’s resources come into play.
A clean break order gives you and your new spouse certainty. The relatively small cost of getting one is minor compared with defending a claim later. Mediation is usually the quickest route to the agreement behind it.
Frequently Asked Questions
Can I remarry without a consent order?
Yes, you can legally remarry once your final order is granted, even without a consent order. But without one, your ex-spouse can still make a financial claim against you in future, so getting a clean break order first is strongly advisable.
How long after divorce can my ex-spouse make a financial claim?
Without a clean break order there is no time limit. Claims have been allowed decades after divorce, as in Wyatt v Vince, where a claim proceeded around 19 years later.
Does remarrying stop my ex-spouse claiming against me?
No. Remarriage does not prevent claims against you. It does limit what you can claim from your ex-spouse, in particular you lose the right to spousal maintenance once you remarry.
Can my new spouse’s assets be included in my ex’s claim?
Your new spouse’s assets are not directly claimable, but their income and resources are taken into account when the court assesses any settlement, which can affect the outcome.
Do I need a clean break order if we had no assets when we divorced?
Yes, if either of you might acquire assets in future. Without a clean break, your ex-spouse could claim against things you build up later, including with a new spouse. That is exactly what happened in Wyatt v Vince.
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Protect Your Future Before You Remarry
We help couples agree a clean break through mediation, so you can close the financial chapter of your last marriage for good. Book a MIAM to get started, or arrange a free call if you would like to talk things through first.
Our Legal Partnerships
Mediate UK works closely with trusted legal professionals to ensure your agreements are legally robust. Our partners include
DFA Law LLP (agreements managed by SRA-regulated solicitor Rachel Adams, SRA 452750),
independent barristers at St Ives Chambers (including Charmian Jackson, registered with the Bar Standards Board),
and The Family Law Consultant (managed by SRA-regulated solicitor Rhiannon Compton, SRA 600560).
These legal professionals support our clients with consent orders, independent advice, and final barrister reviews.
