If you have reached a financial agreement following a divorce or separation, it is essential to make it legally binding. A consent order is a legal way to formalise your financial settlement, ensuring both parties are protected and preventing any future disputes.

At Expert Family Law, we connect you with experienced family lawyers who specialise in drafting and submitting financial consent orders, helping you secure your agreement with confidence and long-term certainty.

What is a Consent Order?

A consent order is a legal document approved by the court that confirms how finances will be divided after a divorce or the end of a civil partnership.

It can include:

• Division of assets such as property pensions and savings
• Payment of lump sums
• Arrangements for spousal maintenance
• Agreements relating to debts and liabilities

Once approved, the order becomes legally binding and enforceable.

Why is a Consent Order So Important?

Many people believe that once they are divorced, financial ties are automatically ended. This is not the case.

Without a consent order:

• Your ex-partner can bring future claims against you
• Your financial position remains open indefinitely
• Even years later, a financial claim could be made

For example, if your financial situation improves in the future, through inheritance, business success, or property, your former partner could potentially make a claim against those assets.

A properly drafted financial order ensures finality and protects your financial future.

What Happens If You Do Not Get a Consent Order?

Failing to formalise your agreement can lead to serious consequences.

Even if you have agreed everything amicably:

• The agreement is not legally binding
• Either party can apply to the court at a later date
• Disputes can arise long after separation

This is one of the most common mistakes people make during divorce.

A consent order prevents these risks and ensures your financial settlement is secure.

When Should You Apply for a Consent Order?

You can apply for a consent order once your divorce reaches the stage of a:

• Conditional order (previously known as decree nisi)

At this point, you can submit your application to the court. It is important not to delay, as resolving finances early reduces uncertainty and risk.

What Does a Consent Order Include?

The terms of the order will reflect your agreed financial arrangements.

This may include:

• Division of property pensions and savings
• Lump sum payments
• Ongoing spousal maintenance
• Agreements relating to child maintenance

Each order is tailored to the specific circumstances of the couple and must be carefully drafted to avoid ambiguity or future disputes.

What is a Clean Break Consent Order?

A clean break is a type of financial consent order that completely ends financial ties between both parties.

This means:

• No future financial claim can be made
• Both parties become financially independent
• There is long-term certainty

However, a clean break is not suitable in every case. For example, where ongoing spousal maintenance is needed, a different structure may be required.

What If You Cannot Agree on Finances?

Not all couples are able to reach a financial agreement.

If this happens:

• Negotiation or mediation may be required
• You may need to apply to the court for a financial order
• The court will decide how assets are divided

Even in these situations, a consent order can still be used once an agreement is eventually reached.

How Does the Court Decide If the Order Is Fair?

When you apply to the court, a judge will review your agreement before approving it.

The court will consider:

• Each party’s financial needs and resources
• The size of the estate
• Any children involved
• Income, housing needs, and future earning capacity

This information is provided through the statement of information form D81, which gives the court a full financial overview.

If the judge believes the agreement is unfair, they may refuse to approve it.

Can a Consent Order Be Refused?

Yes. The court can refuse a consent order if:

• The agreement appears unfair
• Financial disclosure is incomplete
• The terms do not properly address future needs

If this happens, you may need to revise the agreement and resubmit it.

This is why obtaining proper legal advice is so important.

How Do You Apply for a Consent Order?

The process involves several steps:

1. Agree the financial terms
2. Draft the consent order
3. Complete the statement of information form D81
4. Submit your application to the court
5. Await approval

This process is usually straightforward if the agreement is clear and fair.

How Much Does a Consent Order Cost?

Costs can vary depending on the complexity of your situation.

Typical costs include:

• Solicitor fees for drafting the order
• Court application fee

While it may be tempting to save money by doing it yourself, mistakes in a legal document can be costly in the long run.

Do You Need a Solicitor for a Consent Order?

While it is possible to prepare a consent order yourself, working with experienced family lawyers is strongly recommended.

A consent order solicitor can:

• Ensure the order is legally correct
• Identify potential risks
• Protect against future disputes
• Handle the application process

Professional legal advice provides reassurance that your agreement is properly secured.

How Can Expert Family Law Help?

At Expert Family Law, we understand that reaching an agreement is only part of the process. Making it legally binding is essential.

We connect you with experienced family lawyers who can:

• Draft your consent order
• Advise on your financial settlement
• Ensure the terms of the order are fair and enforceable
• Submit your application and manage the process

Whether you are going through divorce or ending a civil partnership, we help you secure your financial future with confidence.

Speak to Consent Order Solicitors Today

If you have agreed your finances and need to formalise them, Expert Family Law can help.

Our network of solicitors specialises in financial consent orders, ensuring your agreement is legally binding and protects you from future risk.

Take the next step today and secure your financial position with expert support.

FAQs About Consent Orders

Do I need a consent order if we agree everything?

Yes. Without a court-approved order, your agreement is not legally binding and future claims can still be made.

Can a consent order include child maintenance?

It can include reference to child maintenance, although separate arrangements may apply depending on the circumstances.

How long does a consent order take?

Typically 4–8 weeks after submission, depending on court processing times.

Can a consent order be changed?

In most cases, consent orders are final. However, certain elements such as spousal maintenance may be varied in limited circumstances.

What happens after the order is approved?

Once approved, the consent order becomes legally binding and enforceable.