Do You Need a Financial Consent Order for Your Divorce?
A financial consent order is the only way to make a divorce settlement legally binding in England and Wales. Without one, any agreement you reach with your ex-partner, whether verbal or written, has no legal weight. Either party can return to the Family Court years later and make a financial claim, regardless of what was previously agreed.
The order is a court-approved document that records how matrimonial finances are divided, including property, savings, pensions, debts, and ongoing maintenance. Once a judge seals it, the terms become enforceable, and both parties are legally bound to comply.
Most people who search for information about consent orders have already agreed on a financial split. The question they are really asking is whether the cost and effort of formalising that agreement through the court is worth it, which this article aims to answer.
What is a Consent Order?
A financial consent order is a legally binding court document used in divorce or dissolution proceedings in England and Wales to formalise a financial agreement between spouses or civil partners.
The legal document sets out how matrimonial finances are to be handled, including property, savings, pensions, debts, and ongoing financial obligations. Once approved and sealed by a judge, the order creates legal liability and is enforceable through the Family Court.
An informal financial agreement reached during divorce has no binding legal effect unless approved by the court. Without a financial consent order, financial arrangements remain unrecorded, leaving open the risk of future claims.
Is a consent order really needed after a divorce?
A divorce ends a marriage, but it does not end financial claims between former spouses.
Under the Matrimonial Causes Act 1973, the Family Court retains jurisdiction over financial matters indefinitely. There is no time limit for bringing a financial claim after divorce.
Your ex-partner can apply for financial provision against you 5, 10, or even 20 years after the Final Order (previously decree absolute), and the court is obliged to consider the application.
A consent order closes that door. Once the court approves and seals the order, claims between both parties are dismissed. Neither spouse can come back later to claim a share of assets, income, inheritance, or pension.
Without a court-approved order, an informal agreement has no legal standing. Your ex-partner is under no obligation to honour it, and you have no mechanism to enforce it.
We have an informal agreement. What is the next step?
Yes. An informal financial agreement reached on divorce does not prevent future financial claims or ensure compliance with agreed arrangements.
In England and Wales, financial agreements between spouses have no legal effect unless they are approved by the court, even where finances are simple and both parties trust each other.
The primary purpose of a financial consent order in a divorce is to make financial arrangements legally binding and enforceable. It creates clear legal obligations, ensuring each party complies with the agreed terms, such as selling a property and dividing the proceeds, transferring pension benefits, or paying a lump sum or spousal maintenance.
A financial consent order provides certainty and finality following divorce. Without one, there is no enforceable mechanism to compel compliance, and either spouse can later apply to the Family Court for further financial provision.
Clean Break Order vs Consent Order: What’s the difference?
A clean break order is a type of consent order. Both are court-approved documents that make a financial settlement legally binding.
The difference is in what they achieve. A consent order can include ongoing financial obligations such as spousal maintenance payments, phased lump sums, or deferred pension sharing.
A clean break order ends all financial ties between both parties. Neither spouse can make any further financial claim against the other after the order is sealed.
A clean break is appropriate where both parties are financially independent and want a complete separation of finances. A consent order with ongoing provisions may be necessary when one spouse needs ongoing financial support or when assets such as pensions cannot be divided immediately.
Divorce-Online offers both options. A family solicitor can advise which type of order suits your circumstances.
Can I draft a consent order myself without a solicitor?
Yes, you can draft your own consent order in divorce proceedings without a solicitor, often referred to as a DIY consent order.
However, it’s important to ensure that the document accurately reflects the agreement between both parties and includes all necessary financial details. This is one reason you shouldn’t use a consent order template.
Working with a family lawyer can ensure that details on the division of property, savings, pensions, and maintenance agreements are drafted correctly.
Opting to do it yourself can save on legal fees initially, but the unintended consequences can potentially cost you thousands more in the future.
Consent order costs and timescales
A standard consent order, where both parties agree on the financial split, typically costs between £500 and £1,500, including solicitor fees and the £60 court fee. Complex cases involving pension sharing, multiple properties, or business assets may cost £2,000 to £3,000 or more.
Costs sit at the lower end, where both parties have already agreed on their financial settlement and only need the agreement drafted by a solicitor and submitted to court. Costs rise when finances are more complex, or when negotiation or amendments are required before the court will approve the order.
In England and Wales, a consent order is usually approved by the court via the HMCTS portal within 3 to 10 weeks after submission, depending on circumstances.
Most straightforward applications we deal with at Divorce-Online are approved within 3 to 5 weeks and become legally binding alongside the Final Order in divorce proceedings.
How do I apply for a divorce consent order?
The consent order process in divorce ensures financial arrangements are legally binding. Here is an outline of how to make an application through the court:
- Reach an agreement: First, both parties need to agree on how to divide their assets. This can be done through direct negotiation, mediation, or with the help of solicitors.
- Draft Financial Order: Once an agreement is reached, your solicitor will draft the legal order. This document will detail how assets are to be divided, including property, savings, pensions, capital, income, and any ongoing financial support.
- Form A – Notice of [Intention to Proceed with] a Financial Application: To start the process of obtaining a consent order, you must file Form A. This form is essential in notifying the court that you are seeking a financial order. Filing Form A is the first step in severing financial ties and finalising your divorce settlement.
- (Form D81) Statement of Information: Alongside the draft consent order, a Statement of Information needs to be completed and submitted. Form D81 provides the court with an overview of both parties’ financial situations, including information about each person’s assets, liabilities, income, and pensions.
- Court Approval: The draft consent order and the Statement of Information form are then submitted to the court for approval. At this point, you pay the £60 court fee. A judge will review all supplied documents to ensure the agreement is fair and equitable. If the judge is satisfied, they will approve the order, making it legally binding.
- Implementation: Once the court seals the consent order, it becomes enforceable in the Family Court. This means both parties are legally obligated to adhere to the terms set out in the order. Failure to comply with the order can result in legal consequences.
Can a Judge reject our order if we both agree?
A judge can refuse to approve a consent order, even where both parties agree to the terms.
The court must be satisfied that the settlement is fair, based on full financial disclosure, and does not leave either party, or any dependent children in a position that is clearly disadvantageous.
Common reasons for rejection include significant inequality in the settlement without adequate explanation, incomplete financial information on the Form D81, evidence of pressure or coercion, and inadequate provision for children.
Outright rejection is rare. The Family Court will usually ask both parties to revise the order or provide additional information before making a final decision.
https://www.mumsnet.com/talk/divorce_separation/3791661-When-is-a-consent-order-rejected
What happens if a Consent Order is breached?
Once a financial order is approved, it becomes legally binding and enforceable. Both former spouses must comply with its terms, including ongoing obligations such as spousal or child maintenance, until the order ends or is formally changed by the court.
Any failure to comply with the order constitutes a breach of a court order. Unless there is a valid reason, the Family Court will usually enforce the order and require the person in breach to meet their obligations without delay.
Where a breach occurs, the court will assess whether it was justified before enforcing it.
If enforcement is required, the court can take action such as deducting payments from wages, securing debts against property, signing documents on behalf of a non-compliant party, or imposing sanctions for serious or repeated breaches.
Get a Consent Order Online For £499
If you have a formal agreement with your ex-partner and wish to formalise it into a legally binding court order without spending thousands, our online service is ideal for you.
Author: Lara Jayne Davies
This post was written by Lara Jayne Davies. Lara is a family law solicitor specialising in Matrimonial and Private Children matters. She thinks creatively and cost-effectively to assist clients in achieving the best possible outcome whilst always providing the highest levels of client care.