When a couple divorces, dividing money and property is one of the most important steps in achieving a clean break. Even if you and your ex-partner agree on how to share assets, your arrangement isn’t legally binding until it’s approved by the court. This is where a Financial Consent Order comes in.
A Financial Consent Order formally records your financial settlement after divorce. It provides legal certainty and prevents future claims. Understanding how to apply for one and why it matters can save you time, stress and potential disputes later on.
What is a Financial Consent Order?
A Financial Consent Order is a legal document that confirms the financial agreement reached between you and your former spouse. It sets out how assets such as property, savings, pensions and debts will be divided. It can also include provisions for ongoing payments such as spousal maintenance.
Once approved by a judge, the order becomes legally binding. This means neither party can change their mind or make further claims in the future without going back to court. It provides finality and protects both sides from future financial disputes.
When you can apply for a consent order
You can only apply for a Financial Consent Order after you’ve reached the conditional order stage of your divorce (previously known as decree nisi). However, it’s best to agree on the financial terms as early as possible. The order can then be submitted once the court has formally recognised that your marriage has broken down.
It’s important to note that financial matters are separate from the divorce itself. Even after the divorce is finalised, your ex-spouse can still make a financial claim against you unless a consent order or clean break order is in place.
Why a consent order matters
Without a consent order, there’s nothing stopping either party from making financial claims years after the divorce. This includes claims on property, pensions or inheritance, even long after the relationship has ended.
A Financial Consent Order ensures that both parties meet their agreed obligations and that neither can return to court for additional claims later. Above all, it gives both sides certainty and security for the future.
How to apply for a Financial Consent Order
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Agree on your financial settlement
Both parties must agree on how to divide assets and responsibilities. This can be done directly between you, through mediation or with help from divorce solicitors.
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Prepare the necessary documents
A family law solicitor will draft the Financial Consent Order, making sure it reflects your agreement accurately and complies with legal requirements. You’ll also need to complete a Statement of Information (Form D81), which outlines each person’s financial position including income, assets, debts and future needs.
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Submit the application to the court
Send your application along with the signed Financial Consent Order, Form D81 and the relevant court fee (currently £58). If you’re applying online, these can be uploaded digitally.
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Judicial review
A family court judge will review the documents to ensure the agreement is fair and reasonable to both parties. If the judge is satisfied, the order will be approved and made legally binding. You do not normally need to attend a court hearing unless there are concerns about fairness or missing information.
Clean break orders and ongoing payments
A Financial Consent Order can include a clean break clause which ends the right for either party to make future financial claims. This is common when there are no ongoing obligations such as maintenance payments.
However, if one party needs ongoing support, for example to help with living costs or childcare, the order can include provisions for spousal or child maintenance instead of a complete clean break.
Your divorce solicitor will help you decide which type of order best suits your circumstances.
What happens if you don’t apply?
If you don’t apply for a Financial Consent Order, any informal financial agreement you reach won’t be legally enforceable. This means:
- Either party could change their mind later
- One spouse could make new claims, even years after the divorce
- There’s no guarantee that payments or asset transfers will actually happen
Applying for a consent order provides peace of mind and legal protection for both sides.
Can you apply without a divorce solicitor?
While it is possible to apply without a divorce solicitor, it is strongly recommended to seek legal advice. A family law solicitor ensures that your order is drafted correctly and meets court requirements. Mistakes can lead to delays, rejected applications or unfair settlements.
Even if you and your ex-partner agree on everything, having a divorce solicitor review your documents before submission ensures your rights are protected.
Finalising your financial settlement
Once the judge approves your Financial Consent Order, it becomes a legally binding document. Both parties must comply with its terms. Failure to do so could result in enforcement action by the court.
The process usually takes four to six weeks after submission, depending on court workload and the complexity of the agreement.
Related reading: How Long Does a Divorce Take?
Get help with your Financial Consent Order
A well-prepared consent order is the key to securing your financial future after divorce. It ensures your agreement is fair, enforceable and free from future disputes.
Please note that this article is solely for informational purposes. It’s not a substitute for legal advice. We encourage readers to contact Osbourne Pinner for case-specific guidance.
If you need help drafting or applying for a Financial Consent Order, our experienced family law solicitors can guide you through every step.
We’ll arrange a free 30-minute consultation to advise you on your case. You can speak to us on a video call or visit one of our offices. We’re based in Harrow, Canary Wharf and Piccadilly Circus. And if you’re based in Manchester (whether that’s in Bury, Sale or Salford) our new North-based office is close by too. Arrange your consultation by calling 0203 983 5080, emailing [email protected] or using the form below.
