Why Do I Need a Financial Consent Order In Divorce?
Without a court-approved financial consent order, the informal agreement you’ve reached regarding the division of assets is not legally binding, leaving both parties potentially exposed to future claims and disputes and unable to seek legal enforcement through the family court should either party not comply with the agreed-upon terms.
Applying for a financial consent order through the Financial Remedy Courts is the only way divorcing couples or civil partners can ensure that any financial agreement reached is recorded and enforceable.
It is a private document within family law that records how financial matters arising from marriage are resolved following divorce.
What is a Financial 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.
A consent order sets out how matrimonial finances are dealt with, 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.
Everything You Need To Know…
We Have Already Divided Our Finances, Can I Still 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 the 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 agreeing to the division of assets.
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 Financial Agreement, Now What?
A verbal financial 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 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, such as pensions, inheritances, 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 £499.
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 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 cost you more in the future.
1. Do I need a consent order if we have already agreed on how to split everything?
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 purpose of a financial consent order 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 agreed lump sums 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.
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 consent order 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 consent 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.
Solicitor-Drafted Financial Consent Order 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 consent order service is ideal for you.
3. 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.
4. How much does a consent order cost?
The cost of a consent order in the UK typically ranges between £500 and £3,000 in total, including the court fee and solicitor’s fees.
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 subtitledto court. Costs rise when finances are more complex, or when negotiation or amendments are required before the court will approve the order.
At a minimum, every consent order application includes a £60 court fee, payable to the Family Court. Solicitor fees then vary depending on the level of legal work involved, such as reviewing financial disclosure, drafting the order, and responding to any court queries before approval.
| Scenario | Typical cost range (incl. VAT) | What’s included |
|---|---|---|
| Standard fixed fee consent order | £500 – £1,500+ | Drafting of a consent order and submission to the court portal. |
| Complex or high-value-assets | £700 – £3,000+ | Detailed drafting of pension sharing and other complex arrangements, amendments, and court queries |
| Court fee (mandatory) | £60 | Court fees are mandatory. |
5. How long does it take to get a consent order approved?
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.
Where both parties have already agreed on their financial settlement and provided full financial disclosure, a solicitor can usually prepare the draft order promptly. With Divorce-Online, we complete the drafting of your consent order within 14 days.
The method of submission, the complexity and perceived fairness of the agreement, and whether the court raises queries or requests amendments can all affect approval times. Delays are more likely when the court requires clarification of figures in the D81 form, where changes are needed to the draft order, or where court backlogs slow the review process.
| Stage | Typical duration | What happens |
|---|---|---|
| Agreement & Drafting | Typically 14 – 28 working days | You and your ex gather figures, complete Form D81, and sign the draft consent order. |
| Court Submission | 1-2 days | Apply to the court with the mandatory £60 court fees. |
| Court Review | 3-10 weeks | The court logs your case, and a judge reviews it. |
| Order sealed | Immediately becomes legally binding. | The court returns the stamped order – it takes effect at once. |
6. What happens if a Consent Order is breached?
Once a financial consent 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 a consent order is treated as 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.
7. Can a Judge reject an agreed consent order?
A judge can reject an agreed consent order, even where both parties consent. The court must be satisfied that the order is fair, reasonable, and based on full financial disclosure before it can be approved.
Consent orders are most commonly rejected where fairness or transparency is in doubt. This includes unequal outcomes without explanation, incomplete financial disclosure, pressure or coercion, inadequate arrangements for children, significant changes in circumstances, or legal errors in drafting.
Judges rarely reject a consent order outright without allowing parties to amend it. The Family Court will usually ask the parties to revise the order, seek clarification or additional detail on specific points, or list a short hearing to address concerns before deciding whether approval can be granted.
https://www.mumsnet.com/talk/divorce_separation/3791661-When-is-a-consent-order-rejected
How Divorce-Online Can Help You Obtain a Fixed Fee Consent 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.
Divorce Financial Consent Order 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 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.