What Is a Consent Order? Here’s 8 Vital Things You Must Know
January 8th 2025
A financial consent order is a court form that records a financial agreement between divorcing couples in England and Wales. It sets out how matrimonial assets—such as money, property, and savings—are to be divided and submitted to the court for approval to be legally binding.
If you’re going through a divorce, you need a consent order to legally conclude your financial arrangements. While many couples successfully negotiate their financial division, they often fail to seek court approval, leaving their agreements unenforceable.
Getting a divorce does not automatically end your financial ties as husband and wife. Without a court-approved financial consent order, the agreement you’ve reached is not legally binding, leaving both parties exposed to future claims and disputes.
One of the most common questions I’m asked as a family law solicitor is, “Do I really need a financial consent order after divorce?” It’s an important question, and the answer is almost always yes.
A financial consent order is the key to ensuring pensions, property, savings, investments, and other matrimonial assets are divided fairly and legally.
Without this legally binding record, informal divorce settlements may leave you exposed to future claims—even years after your divorce is finalised.
In this article, I’ll share the essentials, including the purpose of a financial consent order, how it works, and what factors might influence its approval.
Everything You Need To Know…
We Already Divided Our Finances—Is It Too Late to Get a Consent Order?
No, it’s not too late. Even if you’ve already divided everything, a consent order is the only way to make sure that agreement is legally binding.
Without it, there’s always the possibility that your ex could come back years down the line and make a claim—whether that’s on a future windfall, inheritance, or your pension.
Think of it as a safeguard for your financial future. You’ve already done the hard part by coming to an agreement.
A consent order just ties everything up legally so you can move on with your life, knowing you’re fully protected.
If you’re serious about putting this chapter behind you for good, getting a consent order is a step you won’t regret.
How Can I Be Sure I’m Getting a Fair Settlement?
To be sure your financial settlement is fair, start by asking these key questions:
- Does it reflect both of our financial contributions? This includes income and non-monetary contributions like raising children or running the home.
- Does it account for future needs? For example, if one of you will be the primary caregiver for children, does the agreement ensure they have a secure home?
- Would a court approve it? Courts look at whether both parties can meet their basic needs after the divorce, so agreements that leave one party struggling may be rejected.
If you’re unsure whether your agreement is fair, consulting a family law solicitor can help. They’ll assess your financial disclosure, the division of assets, and any arrangements for spousal or child maintenance to ensure it aligns with UK divorce law.
You might also consider mediation if you need help negotiating terms. Tools like our divorce asset calculator can show you how assets are typically divided in similar cases.
Remember, a fair financial settlement isn’t always a 50/50 split—it’s about meeting the reasonable needs of both parties while ensuring financial security moving forward.
We Have a Verbal Agreement—Is That Enough?
A verbal agreement is a good starting point for discussing how to divide finances, but it doesn’t provide the legal protection you need to secure your future. Without a legally binding court order, either party could change their mind, misinterpret the agreement, or challenge it later.
This is especially risky if circumstances change—for example, one of you gets a significant pay rise, inherits money, or experiences financial difficulties such as job loss or illness.
In the absence of a consent order, the verbal agreement has no legal weight, meaning your ex could come back years later to make financial claims against you, even if you thought everything was settled.
A consent order formalises your agreement, ensuring it’s enforceable under UK family law and eliminating the uncertainty of informal arrangements.
By turning your verbal agreement into a court-approved document, you can confidently move forward knowing your financial independence is protected—both now and in the future.
We Don’t Have Any Assets-Do We Still Need a Consent Order?
Yes, a consent order is still important. Including a clean break clause is especially suitable if you don’t have assets and both of you can live financially independently.
This clause legally cuts financial ties and prevents future claims for income or maintenance.
It’s the only way to ensure your divorce is truly final—protecting you from claims on potential assets like pensions, inheritance, or even lottery winnings in the future.
Without a court-approved financial order, those possibilities remain open, no matter how amicable your agreement seems today.
Do We Need To Hire Separate Solicitors?
Not necessarily. If you’ve agreed to the terms of your financial split, you can use a single solicitor to draft the consent order. This is a cost-effective option, especially when there’s mutual agreement.
However, if either of you feels unsure or needs extra assurance, seeking independent legal advice is worth considering. The key is ensuring that both parties fully understand and agree to the terms before moving forward.
If both of you are comfortable with the terms and ready to proceed, we offer a solicitor-drafted consent order service for a fixed fee of £399.
This is typically around one-third of the cost of hiring a high-street solicitor, making it an affordable and stress-free way to secure your financial agreement.
Can I Write My Own Consent Order Without Solicitors
Yes, you can write your own consent order in divorce proceedings, 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 of the reasons why you shouldn’t use a consent order template.
Working with a family lawyer can ensure 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 cost you more in the future.
Fixed Fee Consent Order For £399
If you have a formal agreement in place 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.
Whether you’re drafting one yourself, working with a family lawyer, or just starting your negotiations, here are the most important things you need to know to get it right.
1. Do I need a consent order if we have already agreed on how to split everything?
Yes, it’s highly advisable. Even if you’ve reached an amicable agreement, without a financial consent order, your agreement isn’t legally binding.
The primary purpose of a consent order is to provide legal finality to financial arrangements after a divorce. It protects against future financial claims, such as pensions, windfalls, or inheritances, and formalises agreements in a legally binding document to prevent disputes.
This means either of you could potentially make financial claims against the other in the future.
A consent order provides legal closure, preventing any future claims and giving you peace of mind.
2. 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:
- Agreement: First, both parties need to reach an agreement on how to divide their assets. This can be done through direct negotiation, mediation, or with the help of solicitors.
- Draft Consent 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.
- Statement of Information: Alongside the consent order, a Statement of Information (Form D81) needs to be completed. This form provides the court with an overview of both parties’ financial situations, ensuring the agreement is fair and reasonable. Full financial disclosure of all financial assets and liabilities is a mandatory part of the consent order process. This includes providing information on bank accounts, investments, properties, and any potential inheritance.
- Court Approval: The drafted financial agreement and the Statement of Information form are then submitted to the court. It’s at this point you pay the £60 court fee. A judge will review the 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 approves the court order, it becomes enforceable. 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.
Courts can disagree with your application and reject a consent order. Courts may reject your order if they believe the terms are unfair.
You may be asked to explain how you reached the agreement so the courts have more context and understanding of your situation.
3. Should we include our child arrangements?
Including child arrangements in a consent order can be valuable, even though they are not legally binding. Here’s why:
Documenting child arrangements within a consent order provides both parents with a clear and agreed-upon framework. It can outline living arrangements, visitation schedules, and additional financial contributions beyond statutory child maintenance, reducing potential misunderstandings.
The Child Maintenance Service (CMS) only governs basic child maintenance payments. CMS calculations are based on income.
Including agreements for additional financial provisions, such as private school fees or extracurricular activities, within the consent order ensures these responsibilities are documented and agreed upon.
While not legally enforceable, child arrangements in a consent order carry significant moral weight.
Parents often adhere to these agreements as they provide a written and mutually agreed record of their shared responsibilities.
Solicitor-Drafted Financial Consent Order For £399
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 consent order service is ideal for you.
4. What’s the difference between a clean break order and a consent order?
A clean break order is a type of financial consent order that ensures no ongoing financial ties between the parties once the divorce is finalised.
It means that neither party can make any further financial claims against the other in the future.
For example, if Alex and Sam agree that Sam keeps the family home and Alex retains a larger portion of the pension, they might choose a clean break order to ensure there are no ongoing financial obligations like spousal maintenance.
This provides both parties with a clear financial separation.
5. Ensuring Fair Asset Division with a Consent Order
Dividing the Family Home and Mortgage Responsibilities
The family home is often the most valuable asset in a divorce. A consent order ensures decisions about the property are legally binding and enforceable, providing clarity and security for both parties.
Couples may agree to sell the home and divide the equity equally or adjust the split based on caregiving responsibilities or financial contributions.
One spouse may remain in the home with the children until the youngest turns 18 or finishes full-time education, after which the home is sold and the equity divided. Alternatively, the home may be sold immediately, with the proceeds divided according to the consent order.
A property adjustment order can transfer full ownership of the home to one spouse, clarifying long-term responsibilities. Mortgage obligations may also be defined, with one party covering payments or both sharing them until the property is sold.
For couples pursuing a deferred clean break, temporary financial arrangements can be included to manage the home until final resolutions are reached.
The consent order protects financial agreements, including mortgage payments, equity division, and property ownership transfer. It ensures legal protection, supports children’s stability, and allows both parties to achieve financial closure.
Pension Division and Retirement Planning
Pensions are a key part of financial settlements, especially for couples nearing retirement. A consent order ensures that pension division is clear, legally binding, and protects long-term financial independence.
When one spouse has a significantly larger pension pot due to career gaps or caregiving responsibilities, a pension sharing order can transfer a portion of their pension to the other, ensuring both have financial security in retirement.
In cases where both parties agree to retain their own pensions, the consent order prevents future claims, providing a clean financial break. This process guarantees fairness, avoids disputes, and offers stability for retirement planning.
Spousal Maintenance and Lump Sum Payments
Spousal maintenance is often included in financial agreements when one party has a reduced earning capacity. This can be structured as regular payments or converted into a lump sum to simplify the arrangement and achieve financial closure.
Regular monthly payments may provide ongoing support for a spouse re-entering the workforce or covering living expenses.
Alternatively, a capitalised lump sum offers immediate financial assistance while enabling a clean financial break.
A consent order legally documents these arrangements, ensuring they are enforceable and protecting both parties from future disputes. This clarity allows both individuals to move forward with financial stability and confidence.
Division of Debts and Liabilities
Addressing debts in a divorce settlement is as important as dividing assets. Joint liabilities, such as loans, credit cards, or overdrafts, must be resolved to avoid future disputes.
A consent order provides a legally binding framework for debt allocation, ensuring that each party’s responsibilities are clearly defined and enforceable.
Debts can be managed in various ways.
One spouse may agree to take on full responsibility for repaying a loan in exchange for a larger share of another asset, such as equity in the family home. Alternatively, joint debts like mortgages or credit card balances can be divided proportionally.
This division is often based on factors such as each party’s financial contribution during the marriage or their future earning capacity, which the court may consider when approving the order.
A consent order formalises these arrangements, preventing any ambiguity about who is responsible for outstanding debts. By addressing liabilities clearly and fairly, the agreement reduces the risk of financial strain for either party and ensures a clean financial separation.
Securing a Clean Break for Future Financial Independence
Achieving a clean financial break is a priority for many divorcing couples. A consent order formalises this through a clean break clause, which legally prevents either party from making future claims on income, pensions, or other assets.
This clause provides finality to the financial relationship, ensuring both parties can move forward independently.
A clean break consent order is particularly advantageous for couples with no shared assets, where ongoing financial ties are unnecessary, and for individuals who want to rebuild their financial independence without the risk of future disputes.
By eliminating the potential for financial claims later, this type of order offers peace of mind and ensures that each party retains control over their future financial decisions.
Incorporating a clean break consent order into your financial settlement is a definitive way to achieve financial closure and move forward confidently.
6. How much does a consent order cost?
The cost of a consent order includes your solicitor’s fees and a court fee, which is currently £60.
Solicitors’ fees can vary depending on the complexity of your case, but on average, you might expect to pay between £800 and £1,500 plus VAT.
Discussing fees upfront with your solicitor is a good idea to get a clear understanding.
Are you wondering about the typical costs of getting a consent order? This informative resource provides a breakdown of the potential fees you may incur and how to reduce the costs.
7. How long does it take to get a consent order approved?
Once you’ve reached an agreement and the consent order is drafted, the time frame can vary.
It takes about four to six weeks for the court to review and approve the order after submission.
However, this can be longer if there are complexities or if the court has a backlog of cases. It’s important to ensure all documents are correctly completed to avoid delays.
To learn how to speed up the process, read our guide – how long does a consent order take
8. Why are financial consent orders essential in divorce proceedings?
Clients often come to me worried about securing their fair share of assets and whether their ex-spouse might make future claims. A consent order is the best way to address these concerns.
Below are five reasons why a divorce court order is essential in protecting assets:
Finalises Ownership of Shared Assets: A consent order legally records how shared assets—such as homes, cars, and other property—are divided, providing each party with clear ownership and security.
Protects Future Acquisitions: Any assets acquired by either party after the divorce, like buying a new property, starting a business or making significant investments, remain theirs alone without the risk of future claims.
Locks in Inherited or Gifted Assets: Any assets inherited or gifted to either party, especially if acquired during the marriage are protected, ensuring these remain with the intended owner post-divorce.
Safeguards Business Interests: Business owners can use a consent order to specify how business interests are divided or retained, preventing future conflicts over the business.
Supports Financial Planning: Provides a clear financial foundation by settling asset division, making it easier to plan for future expenses, investments, and lifestyle changes without uncertainty.
Frequently Asked Questions…
What happens if my ex is refusing to sign?
Should your former spouse resist signing any financial settlement, the option of seeking court intervention may arise.
However, it’s crucial to view this as a last resort due to the additional expenses and the typically more time-consuming nature compared to alternative approaches.
If your spouse remains steadfast in refusing to sign the consent order or an agreement on the financial settlement terms proves elusive, you can petition the court for approval of your clean break consent order. This route is known as an ancillary relief order.
It is generally advisable to explore all available options, such as mediation, before resorting to court involvement.
Can you get divorced without a consent order?
Yes, you can get divorced without obtaining a consent order, as they are two separate legal procedures and are not compulsory, however, the implications of not having one can be serious.
A consent order can be applied for at the decree nisi (Conditional Order) stage of divorce proceedings, but it only becomes legally binding after court approval, which typically is after the decree absolute (Final Order).
What happens after a consent order is sealed?
After a consent order is sealed by a court, it becomes legally binding. This means both parties must adhere to its terms. The order outlines how financial assets will be divided, and it prevents either party from making future financial claims against each other.
Typically, a sealed consent order is sent to both parties, usually through their solicitors, either by post or electronically.
The order ensures that the financial agreement reached during the divorce process is enforced by law, providing finality and security for both parties.
What happens if my spouse breaches the order?
You should always try to resolve the issue with your ex-partner directly through communication.
If your ex-spouse continues to refuse to comply with the consent order, you may need to take legal action. This can involve going back to court and asking the judge to enforce the order.
This can be a lengthy and expensive process, so it’s important to consider all your options before taking this step.
If your ex-spouse still doesn’t comply with the consent order even after legal action has been taken, they may face consequences such as fines or even imprisonment.
Overall, it’s important to remember that a consent order is a legally binding agreement and both parties are required to comply with it.
If your ex-spouse doesn’t comply, there are steps you can take to resolve the issue, but it’s important to seek legal advice and consider all your options before taking action.
What if our circumstances change after the consent order is in place?
Once a consent order is approved, it’s generally final and binding. However, in certain circumstances, it is possible to apply to the court to vary or set aside the order.
This can happen if there has been a significant change in circumstances, such as a serious illness, a substantial change in income, or other unforeseen events.
It’s worth noting that such applications are not granted lightly, as the court prefers to uphold the finality of consent orders.
Can child maintenance be included in a consent order?
Yes, child maintenance can be included in a consent order, but only under specific circumstances. While the Child Maintenance Service (CMS) typically handles child maintenance arrangements, divorcing couples can include child maintenance terms in a consent order if they both agree.
Including child maintenance in a consent order can provide additional security and clarity during the early stages of separation, ensuring that the agreed-upon financial support for the child is legally enforceable.
Are there any specific mistakes people should avoid when dealing with consent orders?
One common mistake is not fully disclosing all assets and liabilities. Full financial disclosure is crucial for the court to approve the order. Any undisclosed assets can lead to the order being challenged later.
Another pitfall is rushing the agreement without fully considering the long-term implications, especially with pensions and ongoing support.
It’s also vital to get professional advice to ensure the agreement is fair and to understand the legal terminology used in the order.
Obtaining a consent order is a vital step in the UK divorce process, providing a clear and legally binding resolution to financial matters.
By properly preparing a draft consent order, ensuring full disclosure, and addressing all financial issues, you can achieve a fair and equitable divorce settlement.
This process not only helps in finalising the financial aspects of your marriage, but it also provides a solid foundation for moving forward independently.
Solicitor-Drafted Financial Consent Order For £399
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 consent order 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.