When a marriage or civil partnership comes to an end, reaching an agreement about finances is often one of the most important and contentious aspects of the separation.
Even where separating couples can come to an agreement about how to handle their finances, those arrangements will not be considered legally binding unless they are approved by the court. This is where a financial Consent Order becomes essential.
Below, we explain what a financial Consent Order is, why it matters, how it works, and when you should seek legal advice.
What Is a Financial Consent Order?
A financial Consent Order is a legally binding court order that records the financial settlement and agreement reached between divorcing or separating spouses. Once approved (or ‘sealed’) by the court, it makes the agreed financial arrangements enforceable.
Its legal purpose is to ensure that both parties are protected and that neither can make future financial claims against the other once the divorce is finalised, provided the order includes appropriate provisions such as a clean break.
A Consent Order can cover how assets are divided, whether ongoing maintenance is payable, and what happens to pensions or property. Importantly, having a financial Consent Order avoids the need for a contested court hearing, as the terms are agreed upon by both parties in advance.
Why Do You Need a Financial Consent Order?
Without a financial Consent Order, financial claims can remain open indefinitely, even after a divorce has been finalised. This means an ex-spouse could potentially make a claim many years later, for example, after one party receives an inheritance, wins the lottery, or significantly increases their income.
A Consent Order provides:
- Legal certainty and finality
- Protection against future financial claims
- A clear framework for enforcing agreed arrangements
- Peace of mind that financial matters are fully resolved
Even where relations are amicable, informal agreements are not legally binding and offer no protection if circumstances or intentions change.
What Can a Financial Consent Order Cover?
A financial Consent Order can be tailored to reflect the specific circumstances of the couple. Consent Orders for divorce commonly cover:
- Property – sale of the family home, transfer of ownership, or occupation arrangements
- Pensions – pension sharing or pension attachment orders
- Savings and investments – ISAs, shares, premium bonds, and other assets
- Spousal maintenance – ongoing financial support between former spouses
- Child maintenance – while usually dealt with separately by the Child Maintenance Service, it can be recorded by agreement in limited circumstances
- Debts – mortgages, loans, credit cards, and other liabilities
- Lump sum payments – one-off or staged payments
The order should reflect full and frank financial disclosure from both parties to ensure fairness.
The Difference Between a Consent Order and Other Financial Orders
A Consent Order is made by agreement and approved by a judge without the need for a contested hearing. In contrast, contested financial orders arise when parties cannot agree and the court imposes a decision after proceedings.
A Consent Order:
- Is quicker and less expensive
- Is usually less stressful
- Gives parties control over the outcome
A clean break order is not a separate order. Rather, it’s a type of Consent Order. It formally ends all financial ties between spouses, preventing future claims for income, capital, or pensions.
How to Apply for a Financial Consent Order
To apply for a financial Consent Order, you must submit several documents to the court:
- Form A – this notifies the court that you are applying for a financial order by consent
- Draft Consent Order – setting out the agreed terms
- Form D81 (Statement of Information) – providing financial disclosure
- Court fee – currently £60
The application is usually submitted once the divorce has reached the conditional order (formerly decree nisi) stage.
What Information Do You Need to Provide?
Both parties must provide full and honest financial disclosure, even where the agreement seems straightforward.
This information is set out in Form D81, which includes:
- Income and earning capacity
- Property values and mortgage details
- Savings, investments, and pensions
- Debts and liabilities
- Future financial needs
The judge relies on this information to decide whether the agreement is fair and reasonable.
How Much Does a Financial Consent Order Cost?
The court fee for submitting a Consent Order application is £60.
In addition, there may be solicitor’s fees, which vary depending on complexity and whether advice is needed on drafting or reviewing the order. Many firms offer fixed-fee Consent Order services, particularly when matters are agreed upon.
Although legal fees are an additional cost, they can help prevent expensive problems or rejected applications in the future.
How Long Does It Take to Get a Consent Order Approved?
Once submitted, it typically takes 4 to 10 weeks for the court to review and approve a Consent Order, although timescales can vary depending on court workloads.
During this time, a judge will review the paperwork to ensure:
- Proper financial disclosure has been provided
- The agreement is broadly fair
- Any children’s needs are adequately considered
If satisfied, the judge will seal the order, making it legally binding.
Can a Judge Reject a Consent Order?
Yes, a judge can reject a Consent Order if they believe it is unfair or lacks sufficient information. This can happen if disclosure is incomplete or the agreement does not adequately meet one party’s needs.
How Often Does a Judge Reject a Consent Order in the UK?
In the UK, the rejection of a Consent Order is not that common because the majority of divorcing couples choose to seek legal advice whilst reaching a divorce settlement, which helps to that their settlement is fair for both spouses.
That said, the rejection of Consent Orders can happen, especially in cases where a divorcing couple has reached a financial settlement between themselves without any legal guidance or support.
What Happens After Your Consent Order Is Sealed?
Once sealed by the court, the Consent Order becomes legally binding. Both parties must comply with the terms, such as transferring property, paying lump sums, or implementing pension arrangements.
If one party fails to comply, the order can be enforced through the court, providing legal protection and remedies that informal agreements do not offer.
When Should You Apply for a Consent Order?
You can draft and negotiate a Consent Order at any time after separation, but it can only be approved by the court once divorce proceedings are underway.
Typically:
- It is submitted after the conditional order
- It is sealed shortly before or after the final order (formerly decree absolute)
Applying promptly helps ensure financial certainty and avoids unnecessary risk.
Getting Legal Help with Your Consent Order
While it is possible to prepare a Consent Order yourself, legal advice can be invaluable, particularly where assets, pensions, or spousal maintenance are involved.
A solicitor can:
- Ensure the order is correctly drafted
- Advise on fairness and future risk
- Reduce the likelihood of rejection
- Protect your long-term financial position
Professional advice is especially important if circumstances are complex or there is a significant imbalance in assets or income.
Get in Touch With Our Consent Order Solicitors
For advice about Consent Orders, you can contact us by calling 0330 013 0381 or through your local Crisp & Co office.
Financial Consent Order FAQs
Can I draft my own Consent Order?
Yes, it is legally possible to draft your own Consent Order, but doing so can carry significant risks. Consent Orders must follow strict legal drafting conventions and accurately reflect both parties’ financial circumstances and intentions.
Poorly drafted orders are frequently rejected by the court, which can cause delays and additional costs. More importantly, an unclear or incomplete order may fail to properly dismiss future financial claims, leaving one or both parties exposed. Taking legal advice helps ensure the order is enforceable, fair, and provides long-term protection.
Do we need a Consent Order if we have no assets?
Yes. Even if there are few or no assets at the time of divorce, a Consent Order is still strongly recommended. Without one, financial claims remain open indefinitely, meaning either party could make a claim in the future.
This can be particularly relevant if one party later receives an inheritance, builds a successful business, or experiences a significant increase in income. A Consent Order provides certainty and finality, ensuring there are no future financial surprises.
What is the difference between a Consent Order and a clean break order?
A Consent Order is a legally binding document that records the financial agreement reached between spouses. A clean break order is a specific type of Consent Order that brings all financial claims between spouses to an end.
This means there are no ongoing obligations, such as spousal maintenance, and neither party can make future claims against the other. Not all Consent Orders include a clean break, particularly where ongoing maintenance is appropriate.
Can a Consent Order be changed after it’s approved?
Consent Orders are generally final, but certain elements, such as spousal maintenance, may be varied if circumstances change significantly. Capital orders are rarely altered.
Do I need to wait for my decree absolute before applying?
No. You can draft and submit a Consent Order before the final order, but it will only be sealed once the divorce is legally finalised.
What is Form D81?
Form D81 is the Statement of Information, which summarises both parties’ financial circumstances and accompanies the Consent Order application.
What happens if my ex-partner won’t agree to a Consent Order?
If agreement cannot be reached, you may need to apply for a contested financial order, where the court will decide how finances are divided.