What Is a Consent Order? Here’s 9 Vital Things You Must Know

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.

Understanding the requirements, potential costs, and the process of securing a consent order is critical to protecting your financial future.

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.

Whether you’re drafting one yourself, working with a family lawyer, or just starting your negotiations, here are the 9 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. Can I not just write a consent order myself for £58?

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.

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.

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 do you 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:

1. 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.
2. 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.
3. 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.
4. 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.
5. 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 £58 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.
6. 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.

7. 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 £58.

Solicitors’ fees can vary depending on the complexity of your case, but on average, you might expect to pay between £500 to £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.

How Much Does a Consent Order Cost?

8. 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.

9. 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.

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.