Key Takeaways
- A consent order typically takes 6 to 12 weeks to be approved by the court after it has been submitted.
- Both parties must reach a financial agreement before a consent order can be drafted and submitted.
- Courts review consent orders without a hearing in most straightforward cases, though a judge can request one.
- Once approved, a consent order is legally binding and prevents either party from making further financial claims in most circumstances.
Reaching a financial agreement with a former spouse is rarely simple. Once you get there, the next question is usually a practical one: how long before it becomes legally binding?
In this article, we explain what a consent order is, how long the process typically takes and what can slow it down. You can also arrange a free 30-minute consultation with our family law solicitors at Osbourne Pinner if you would like to talk through your situation.
What Is a Consent Order?
A consent order is a legally binding court order that records the financial agreement reached between divorcing or separating couples. It sets out how assets such as property, savings, pensions and debts will be divided. Once approved by a judge, it prevents either party from making further financial claims against the other in most circumstances.
Without a consent order, financial claims between former spouses remain open even after the divorce itself is finalised. People sometimes discover this years later when a former partner makes a claim against a pension, inheritance or property acquired long after the marriage ended. A consent order closes that door.
How Long Does a Consent Order Take?
From submission to court approval, a consent order typically takes 6 to 12 weeks. The exact timeline depends on the complexity of your financial arrangements and how busy the court is at the time of submission.
Before submission, both parties need to reach a financial agreement. This stage varies considerably. If you and your former spouse have already agreed on terms, a solicitor can draft the order relatively quickly, sometimes within a few weeks. If negotiations are still ongoing, that period can stretch to several months.
The court stage itself, once the order is submitted, generally runs to 6 to 10 weeks. Courts do not hold a hearing in most straightforward cases. A judge reviews the paperwork and, if satisfied the terms are fair, approves it. If the judge has concerns or questions, approval may be delayed until those are addressed.
What Affects the Timeline?
Several factors can slow down the process:
- Court workload. Different courts have different processing times. Some family courts are significantly busier than others, and delays can add weeks to the process.
- Errors or missing information. If the draft order contains errors or is missing required information, the court will return it for amendment. This adds time and requires resubmission.
- Complexity of the financial arrangements. Straightforward cases involving a property and savings tend to move faster than those involving pensions, business interests or overseas assets.
- The judge requesting a hearing. In a small number of cases, the judge asks for a hearing before approving the order. This is most common where the terms appear unusual or where one party’s financial disclosure seems incomplete.
When Can You Apply for a Consent Order?
You can apply for a consent order once the court has made a conditional order (previously known as a decree nisi) in your divorce proceedings. You cannot apply before that stage.
It is generally advisable to have the consent order approved before the final order (previously known as decree absolute) is made, though it can be submitted after. Timing matters because once a final order has been granted, certain pension rights and intestacy rights may change. Your solicitor can advise on the best approach given where you are in the divorce process.
See also: What Is a Consent Order and Why Do We Need One?
What Does a Consent Order Include?
The content of a consent order depends on your specific financial situation, but common provisions cover:
- Transfer or sale of the family home, including any mortgage arrangements
- Division of savings, investments and other cash assets
- Pension sharing orders or pension offsetting arrangements
- Maintenance payments, including spousal maintenance and any agreed end date
- A clean break clause, which formally ends any future financial claims between you
The court will only approve the order if it considers the terms fair to both parties. A judge is not simply rubber-stamping whatever you have agreed. If the terms appear heavily one-sided or if one party has not made proper financial disclosure, the court may refuse to approve it.
Can a Consent Order Be Changed After Approval?
Once approved, a consent order is very difficult to set aside. Courts will only do so in limited circumstances, such as where one party failed to disclose assets, where the agreement was reached under duress or where there has been a significant and unforeseen change in circumstances shortly after the order was made.
This is why getting the consent order right from the outset is important. If terms are agreed quickly without proper financial disclosure on both sides, the order may later be vulnerable to challenge. Maintenance payments can sometimes be varied if circumstances change significantly, but property and capital provisions are generally fixed once the order is sealed.
Related: Financial Divorce Settlements: What You Need to Know
Do You Need a Solicitor for a Consent Order?
Technically, you can submit a consent order without a solicitor, but it carries real risk. Court-approved consent orders use specific legal wording, and errors in drafting are one of the most common reasons orders are returned. If the wording is wrong, the protection the order is supposed to provide may not hold.
A solicitor ensures the financial disclosure process is completed properly, that the terms genuinely reflect what you have agreed and that the draft meets the court’s requirements on first submission. Given that the consent order is intended to be permanent, this is not an area where cutting corners tends to pay off.
Speak to a Family Law Solicitor about Your Consent Order
Consent orders are not straightforward documents to get right. A poorly drafted order can be returned by the court or, worse, leave financial matters unresolved and open to future claims. Getting specialist advice early can save significant time and cost down the line.
At Osbourne Pinner, our family law solicitors have experience drafting and reviewing consent orders for clients across England and Wales. We can advise on whether your proposed terms are fair, help you with the financial disclosure process and manage the court submission on your behalf.
Please note that this article is for informational purposes only and does not constitute legal advice. We always recommend speaking to a qualified solicitor for advice tailored to your specific circumstances.
We offer a free 30-minute consultation to discuss your situation. You can speak with us via video call or visit our offices in Harrow, Canary Wharf, Piccadilly Circus or Manchester. To arrange your consultation, call 0203 983 5080, email [email protected] or complete the form below.
