A consent order is a court-approved written record of the financial agreement you and your spouse have reached. It turns an informal agreement into a legally binding order that can be enforced. Even if your divorce is amicable and you agree on everything, it is important to ask the court to approve a financial order.
This guide explains what a consent order can cover, when to apply, how the process works and what risks may arise if you do not formalise your agreement. .
What is a consent order?
A consent order is an order made by the court to record the financial arrangements you and your former spouse have agreed. It is often called a financial consent order or, more generally, a financial remedy order.
The court reviews the proposed terms and the parties’ financial information before deciding whether the agreement is fair. If approved, the order can be enforced. It is different from a child arrangements order, which deals with where children live and how they spend time with each parent.
Why divorce alone does not settle your finances
This is the point many people discover too late: getting divorced does not automatically end financial claims between spouses. A final divorce order ends the marriage, but financial claims may remain open unless they are properly resolved by a court order.
That means either of you could potentially bring a financial claim years later, even if you divided the property informally and have since moved on. A carefully drafted consent order can dismiss future claims and provide finality.
What can a consent order cover?
Depending on your circumstances and the agreement reached, an order can deal with:
- Property, including the family home, its sale or transfer, and how any equity will be divided.
- Pensions, savings and investments.
- Business interests and other assets.
- Lump-sum payments and spousal maintenance.
- Child maintenance, where the court has authority to make the relevant provision; routine child maintenance is generally dealt with through the Child Maintenance Service.
A pension-sharing arrangement requires a separate pension-sharing annex to the order. Pensions can be complex, so consider advice before agreeing how they will be divided. Our further guidance on pensions and divorce explains common approaches.
What does a clean break mean?
A clean break clause dismisses future financial claims between you and your former spouse, including claims relating to capital, income and pensions. It may take effect immediately or be deferred, for example, until a set date or the sale of the family home.
An immediate clean break is not suitable for every situation. If one person cannot currently meet their reasonable needs, maintenance or another form of continuing financial provision may be necessary. The terms should reflect your actual circumstances rather than simply aiming to sever financial ties as quickly as possible.
Is your agreement fair? The court’s test
Under the Matrimonial Causes Act 1973, the court must consider the circumstances of the case and decide whether the proposed financial settlement is fair. Section 25 identifies factors including:
- Each person’s income, earning capacity, property and other financial resources.
- Each person’s financial needs, obligations and responsibilities.
- The family’s standard of living before the marriage broke down.
- The parties’ ages, the duration of the marriage and their health.
- Each person’s contributions, including caring for the home or family.
- The needs of any dependent children, which receive first consideration while they are minors.
A judge does not simply rubber-stamp the agreement. Incomplete financial disclosure or terms that appear unfair may prompt questions or a request to amend the draft.
When should you apply?
Since April 2022, the former terms decree nisi and decree absolute have been replaced by conditional order and final order. You may still see the older terms in guidance or paperwork.
The court cannot approve a consent order before the conditional order. It is usually best to apply after the conditional order and before the final order. Applying after the final order can have financial consequences, particularly where pensions are involved. The consent order takes effect only once the final order is granted.
How to apply for a consent order
For a divorce in England and Wales, the usual steps are:
- Draft the order. Record the agreement precisely, including any payment amounts, deadlines, property-sale arrangements and clean-break provisions.
- Sign the draft. Both parties sign it. You also need two photocopies of the signed original.
- Complete Form D81. The Form D81 statement of information sets out information about both parties’ financial circumstances and helps the judge assess fairness.
- Complete Form A. One party completes the Form A notice of application for a financial order.
- Send Submit Your Application: Apply for a consent order through the GOV.UK Money and Property Guide, providing the required documents:
- A draft consent order
- A signed Form D81 (Statement of Information)
- Form A, completed as part of the online application or submitted separately, where required.
- Wait for the judge’s decision. Usually there is no hearing. A judge considers the papers and approves the order if satisfied it is fair; otherwise, the judge may ask for more information or changes.
What happens if you do not get one?
Without an approved order, financial matters may remain unresolved. Risks include:
- Future financial claims against you, or potentially your estate.
- Difficulties selling or transferring the family home if the arrangements are unclear.
- Pension complications, particularly if you apply only after the final order.
- Remarriage consequences: marrying again before resolving finances may prevent you from making certain claims against your former spouse.
Common mistakes to avoid
- Assuming the divorce itself settles the finances.
- Relying on an informal agreement or a solicitor’s letter instead of an approved order.
- Providing incomplete financial disclosure in Form D81.
- Using vague wording, such as “split the equity 50/50”, without a clear method or timetable.
- Forgetting the pension-sharing annex where required.
- Applying after the final order without considering the consequences.
- Failing to include a clean break when that is what you intend.
- Agreeing to spousal maintenance without considering its duration or review terms.
Frequently Asked Questions
Is a consent order legally binding?
Yes. Once approved by the court and effective following the final order, it is legally binding and can be enforced. The precise wording matters.
How long does a consent order take?
There is no guaranteed timeframe. The judge usually considers the paperwork without a hearing, but processing times vary. Incomplete disclosure or unclear terms can delay a decision.
Do I need a consent order if we agree on everything?
It is generally advisable. An informal agreement does not provide the same enforceability or finality as an approved order, and financial claims may remain open without one.
Conclusion
A consent order can provide clarity and legal certainty when resolving financial matters following a divorce in the UK. By ensuring the agreement is fair, properly drafted and approved by the court, you can protect your interests and reduce the risk of future disputes. Seeking legal guidance can help you navigate the process with confidence and ensure your financial arrangements are properly formalised.
Our team can guide you through the process and help you understand your options. Contact us now