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.
Why is a Financial Consent Order Needed?
Legal Protection and Clarity
A financial consent order is essential to provide legal protection and certainty for both parties after a relationship ends. Without an approved consent order, informal agreements about money or property are not legally binding and can be challenged in the future.
Preventing Future Claims
Even after divorce or dissolution, either party can potentially make financial claims against the other at any point, unless a consent order has been sealed by the court. This order ensures that all financial ties are dealt with, giving both parties peace of mind.
Making Agreements Enforceable
If one party fails to keep to their side of the agreement, a consent order allows you to ask the court to enforce the terms. This protection can prevent unnecessary disputes and provide reassurance that arrangements will be respected.
Meeting Lender and Pension Requirements
Mortgage lenders and pension providers often require an official court order before they will release or transfer assets. A financial consent order satisfies these legal requirements, enabling both parties to move forward confidently with their finances.
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.
Details of a Financial Consent Order
What is Included in a Financial Consent Order?
A financial consent order is a legally binding document approved by a court that outlines the agreement reached between divorcing or separating couples regarding their finances. This document can include arrangements relating to property, savings, pensions, income, and debt.
How Are Terms Decided?
Both parties must agree to the terms before the order is submitted to the court. Typical agreements detail the division of assets such as homes, vehicles, investments, and business interests, as well as ongoing financial responsibilities, such as spousal maintenance or the sharing of pensions.
Key Elements of the Order
The consent order aims to provide clarity and finality. It may cover:
- The sale or transfer of property
- Payment of lump sums
- Ongoing maintenance payments, if any
- Pension sharing or splitting
- Liabilities and debts
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.
Do I need a solicitor for a consent order in divorce?
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 regarding the division of property, savings, pensions, and maintenance agreements are drafted correctly and approved by the court.
Opting to do it yourself can save on legal fees initially, but the unintended consequences can potentially cost you thousands more in the future.
How much does a consent order cost and how long does it take?
For a standard consent order where both parties agree on the financial split and the asset division is modest in value, costs will range between £300 and £1,500, including solicitor fees and the £60 court fee. More complex financial agreements involving pension sharing, multiple properties, or business assets may cost £3,000 to £5,000 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.
Our nationwide consent order solicitors are here for you
Applying for a financial consent order involves complex legal requirements, and our solicitors are here to ensure your agreement is fair and legally binding. Wherever you are in the country, we’ll take your informal agreement and turn it into a professionally drafted financial order ready for the court.
Our fixed-fee online consent order service is ideal for couples seeking an affordable solution without visiting local solicitors’ offices.
Our consent order service is carried out on a fixed fee basis, without the unpredictable costs associated with traditional solicitors. Our expertise helps you avoid costly mistakes and delays.
Court approval is not automatic — a judge must be satisfied that the agreement is fair. Our solicitors will draft your consent order and support documents that present your case clearly, increasing the likelihood of your consent order being approved without unnecessary queries or amendments.
Whether you’ve reached an informal agreement with your ex-partner or need help formalising the finer details, our nationwide team is ready to assist you in securing a financial order after divorce.
Get a Consent Order Online for £269
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.