Reaching a financial agreement during divorce is a vital step – but it’s not enough to simply agree who gets what. Unless that agreement is made legally binding, either party could come back and make a claim years later. That’s where a Consent Order comes in.
In this guide, we explain what a Consent Order is, how it works, when you need one and how to get it approved by the court – along with how to arrange a free 30-minute consultation with a solicitor to help you protect your financial future.
What is a Consent Order?
A Consent Order is a legally binding document that confirms the financial agreement reached between you and your ex-partner after divorce or civil partnership dissolution. It sets out how you will divide assets, property, pensions, savings and any ongoing payments such as spousal maintenance.
Once approved by a judge, the Consent Order becomes enforceable in law – meaning both parties are legally required to follow its terms.
Why do I need a Consent Order?
Even if your divorce has gone through and you’ve reached a private agreement with your ex, without a Consent Order:
- Your financial agreement is not legally binding
- Either of you can change your mind at any time
- One party could make a future claim, even years later
- You remain financially linked, despite being divorced
A Consent Order protects you by giving legal weight to the agreement and allowing you to move on with peace of mind.
What does a Consent Order include?
A Consent Order can include a wide range of financial arrangements, such as:
- The sale or transfer of the family home
- Division of other properties or investments
- Pension sharing or offsetting
- Lump sum payments
- Spousal maintenance (ongoing financial support for a former partner)
- Child maintenance (where applicable, although the Child Maintenance Service usually deals with this)
- A clean break clause, ending future financial claims
Every Consent Order is different and should reflect the specific needs and circumstances of the couple involved.
When can I apply for a Consent Order?
You can apply for a Consent Order once your divorce application has been submitted but it can only be approved by the court after the Conditional Order (previously called the Decree Nisi) is granted.
It’s a good idea to start discussing your financial settlement early so that everything is ready to submit once the court allows it.
How is a Consent Order created?
The process usually involves:
- Reaching an agreement on your financial arrangements (this can be done independently, through mediation or with legal advice).
- A solicitor drafting the Consent Order to reflect your agreement in legally appropriate terms.
- Completing a D81 Statement of Information form, which outlines both parties’ financial situations.
- Submitting both documents to the Family Court for a judge to review.
- If the judge considers the agreement to be fair, they will approve the Consent Order and seal it.
You do not normally need to attend court for this – it is usually a paper-based process.
What happens if we don’t get a Consent Order?
Without a Consent Order:
- Your ex could make a financial claim in the future (for example, if you come into money, inherit property or build up savings).
- There’s no legal way to enforce your agreement if one party doesn’t stick to it.
- You may not be able to achieve a clean break from your ex-spouse.
Even if your agreement feels straightforward or informal now, it’s important to formalise it to avoid uncertainty and risk later.
Can a Consent Order be changed?
In general, Consent Orders are final. However, certain parts – such as spousal maintenance – can be varied if circumstances change significantly (e.g. illness, job loss or remarriage).
Lump sum payments, pension arrangements and property transfers are usually not open to changes once approved.
Do I need a solicitor for a Consent Order?
It is strongly recommended to have an experienced divorce solicitor draft your Consent Order. The court requires precise legal wording and will not approve an agreement if it seems unfair or is poorly drafted.
A solicitor will:
- Ensure your financial rights are protected
- Advise on whether the agreement is fair and realistic
- Prepare the documents correctly to avoid delays or rejection
- Help you include important protections like a clean break clause
At Osbourne Pinner, we offer fixed fee services for drafting Consent Orders, making the process clear, affordable and efficient.
Get expert help to protect your financial future
Your divorce may be final but without a Consent Order, your finances may not be. Don’t risk future claims or disputes – secure a legally binding settlement that gives you clarity and closure.
Book your free 30-minute consultation with a knowledgeable, local divorce solicitor today. Fill in the form below, call 0203 983 5080 or email [email protected]. We offer video appointments or in-person meetings at our offices in London (Harrow, Canary Wharf or Piccadilly Circus) or Manchester City Centre.
