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Why do I need a consent order?
Marriage opens financial obligations towards your spouse, which are not automatically brought to an end when the divorce process is finalised. The final order of divorce only ends the contract of marriage, which means your spouse can still make financial claims against your wealth and assets, unless a financial order is in place.
A financial consent order is a separate order that also dismisses or otherwise deals with the financial claims that are available upon divorce, ensuring they are closed forever. It is legally binding in the same way as a financial order (without consent) which is made following the decision of a judge, the only difference being that with a consent order, the parties can decide on the terms of their settlement, instead of the outcome being decided by the court.
Solicitor’s tip: Even if you do not have any assets, you should still apply for a consent order. This way, any future claims between parties will be dismissed.
What does a consent order include?
No two divorces are the same, which is why a consent order is created bespoke to your unique circumstances. It can include:
- Property adjustment order: This dictates the transfer of property ownership from one party to another, from joint names into a sole name, or the sale of the property during the divorce.
- Pension sharing order: When sharing pensions in a divorce, part of one spouse’s pension is shared with the other party.
- Inheritance: What happens to inheritance in divorce is often misunderstood. A consent agreement provides clarity on how current or future inheritances are treated, preventing future claims against family money.
- Mesher order: This is a legal recognition of delaying the sale of the family home until a future event, like the youngest child turning 18.
- Child maintenance: This is where one spouse pays another for the benefit of children, however such provisions are often for a limited time only if the CMS has jurisdiction.
- Lump sum: This is a cash lump sum payment from one party to another.
- Spousal maintenance: This is where one spouse pays the other as income, either monthly, bi-monthly, or whenever suits your situation.
- School fees: Who pays the school fees after divorce is often a bone of contention. This ensures that nursery, primary, secondary, or university education continues as normal.
What’s the difference between a consent order and a clean break order?
A clean break is a specific type of clause that is in a consent order. It acts as the legal protection for your future finances. While the consent order itself is the overarching document used to divide your current assets, the clean break clause is the specific instruction that severs your financial ties forever.
A divorce alone without a financial order (agreed by consent or decided by the court) does not prevent an ex-spouse from claiming a share of your future wealth, which is why this clause is so important.
What’s the difference between a consent order and a separation agreement?
Whilst a consent order is used during a divorce, a separation agreement is a contract made between couples who are not yet, or do not intend to, legally end their marriage.
The similarities are that both documents outline how assets like property and pensions should be divided. But only a consent order has the power to permanently sever financial ties and prevent future claims through a clean break.
Once a consent order is approved by the court, it becomes legally binding, whereas a separation agreement is not a legally binding document.
How much does a consent order cost?
Currently, the court fee for a consent order is £60. You will also need to pay legal fees for your solicitor, as a consent order needs to be drafted by an expert family lawyer.
When in the divorce process should I get a consent order?
You must have started your divorce to apply for a consent order. Typically, you must have reached the conditional order step of your proceedings.
Can I get divorced without a consent order?
Technically, yes, you can get divorced without a consent order. This is because they are separate legal actions.
However, it is hugely important to get a financial consent order granted by the court before finalising your divorce, as your spouse may be able to make financial claims against you even years after the divorce is finalised.
Can I get one after the divorce is finalised?
You can apply for a consent order any time after your divorce has been completed. Our divorce specialists recommend applying for a consent order as soon as possible, preferably before your divorce is finalised.
If you need legal advice when applying for a consent order, reach out to our experts today.
How do I apply for a consent order?
To apply for a consent order in divorce, you must first draft the order. We recommend using a solicitor who specialises in divorce finances. Both spouses need to sign the order to say they agree with it, and must also complete a Form D81, also known as a statement of information form.
The court requires ‘full and frank disclosure’. This ensures the court is able to fairly judge the consent order and that the division is fair, and not just a 50/50 split of assets during a divorce. If you or your spouse hides assets at this stage, it can lead to the order being set aside or varied years later.
Your lawyer may also request that you complete a Form E, which is an in-depth financial form detailing the intricacies of your sole and joint financial landscape. This is not necessarily required in financial proceedings but can be hugely helpful especially where your assets are complex.
A lawyer will also be better able to understand your finances through this completed document and can then draft a comprehensive consent order. A Form D81 should still be completed, and accompany the Form E.
The Form E is a long document, for help with it, download our guide on How to complete a Form E.
How to write a consent order for divorce
Your lawyer will take multiple steps to write your divorce consent order.
1) Obtain information for the statement of information
The D81 form requires lots of information, such as:
- Personal details of both parties
- The length of the marriage
- The estimated value of assets and income – for both spouses
- Any property which is going to be transferred – including mortgage debt
- Future payments for the property of both parties
- If either spouse plans to, or already has, remarry or enter a long-term relationship
- Any matters regarding children
2) Draft the consent order
Either you or your solicitor can draft the consent order. Typically, clients come to us to ensure the order is legally binding and uses the legal terminology correctly to prevent their consent order from being rejected. This can lead to further delays and costs.
3) Send the court your application, supporting documentation, and fee
You must send the court:
- Form D81, which is signed by both spouses
- Your drafted consent order signed by both parties
- Arrange payment of the £60 court fee
Please note that in most circumstances, the court requires the above to be uploaded to the court portal.
Solicitor’s tip: Keep copies of all these documents, and send a copy to your spouse too, for a paper trail.
How long does a consent order take to be approved?
It typically takes between 4-10 weeks for the court to approve a consent order. This can be delayed due to court delays and the complexities involved in your order.
Can the court reject a consent order?
Yes, the court can reject a consent order. If the judge believes the consent order is unfair, they may ask questions or ask you to provide further details on specific sections of the order, to make further sense of why it is that way. You must respond promptly.
Do I need to go to court for my consent order?
Only in rare circumstances will you have to attend court for your consent order. Typically, any questions or concerns the judge has will be sent over via email to speed up the process. If the court wishes to hear from parties, they may list a short ‘mention hearing’ which is typically listed as a remote video hearing.
How do I avoid my consent order being rejected?
There are certain steps you can take to prevent your consent order from being rejected:
- Ensure your Form D81 meticulously records every bank account, pension, and debt – if your D81 numbers don’t match those in your order, it will be sent back
- Ensure your agreement is fair, and in the eyes of the law, the court must approve your order by referencing Section 25 from the Matrimonial Causes Act 1973 to see if the deal is reasonable
- Ensure the legal terminology is used correctly – the court does not approve any vague wording
- Ensure your order is submitted after you have received your Conditional Order – any earlier and it will be automatically rejected
Judit Kerese, Senior Associate at our Swansea law office, says:
“Given that financial orders, including those reached by consent, are intended to be final, it is imperative that the documents submitted to court are drafted carefully with the benefit of legal advice.
“If your document is unclear or records your agreement incorrectly, you risk having the order rejected or having to try and vary the order. These can take significant time and cost.
“We strongly advise ensuring that your consent order and D81 form are prepared by a solicitor to protect your financial position and to ensure that your proposed settlement is approved by the court without additional cost or delay.”
How do we agree on the consent order?
Typically, you and your spouse will sit down and agree on how assets will be split and what will be included in the consent order. You can also do this through a third party, such as a mediator or solicitor.
If you do this by yourselves, we still recommend asking a lawyer to look over the consent order. This way, they can advise on whether they believe a judge will approve it or if you need to go back and amend some items.
What happens if we don’t agree?
Agreeing on a consent order is far from easy. Some people may believe they are entitled to certain assets as part of the divorce settlement, and reaching an agreement that makes the division fair can be tricky.
If you cannot reach an agreement even with mediation support, you can apply for the court to make a financial order for you.
Normally, three court hearings will be required and could take at least 12 months, which adds to the overall cost of your divorce. This is why we recommend our clients reach an agreement outside of court, to save time, money, and unnecessary stress.
Is it possible to change the consent agreement?
Whilst all financial orders, including ones reached by consent, are intended to be final, a consent order can be amended as long as both parties agree. However, the order will need to be re-drafted, re-submitted, and re-approved by the court. The court will require an explanation from the parties as to why the consent order is being amended. At the time the new order is approved, the old one will be set aside.
If both spouses do not agree, the consent order cannot be changed as it is legally binding. There are only exceptional circumstances that allow a consent order to be changed following a variation application by one party, such as:
- The other party failed to fully disclose their financial position by hiding assets
- There was fraud or misrepresentation, for example, if an asset valuation was inaccurate
- The order was signed under duress, or there was a lack of mental capacity due to mental illness
- An unexpected event soon after the consent order is signed, which undermines the original terms, such as winning the lottery
How long is a consent order valid for?
Once a consent order has been approved, it will be valid forever. The only exception to this is if child maintenance is included, as provision for child maintenance is only legally binding for 12 months.
After that time, the Child Maintenance Service (CMS) becomes responsible unless the CMS has no jurisdiction, for example, if one parent lives abroad or if the paying parent’s income exceeds the CMS threshold, currently set at £3,000 gross per week.
What happens if the consent order is breached?
If one party breaches the consent order agreement, they will be required to meet the terms and likely cover the costs involved in going to court.
A consent order is breached if one spouse doesn’t meet the obligations set out in the agreement. This is when the other party can request the court to enforce the consent order.
The person who breaches the order may not meet the requirements due to reasons outside their control, such as losing their job and not being able to pay maintenance. If this happens, the court may allow them to either lower or pause their payments until a new job is secured.
If you find yourself in this situation and are unsure what to do, our experts are here to help. To have the UK’s biggest team of dedicated family solicitors by your side, get in contact with us today.
What our clients say
Zoe Robinson
May 2026
Zoe Robinson has represented me for the last year in ongoing family and financial proceedings and has been a wonderful source of advice, support and top quality legal representation throughout. She is highly approachable and empathetic and blends her extensive legal knowledge with a personal touch which has given me reassurance at every stage of the process.
—Anon
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Deepika Bhoolah-Bansal
May 2026
Everybody has been extremely supportive and professional, and their help has made a traumatic and lonely divorce so much easier to endure. I have been guided through every stage and the explanations are clear and concise.
—A Goodger
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Luanne Morton
Nov 2025
Luanne has been fantastic in helping me navigate the complexities of my divorce, child arrangements, and potential financial orders. Her advice was always delivered professionally, yet in a way that was easy to understand and empathetic to the emotional rollercoaster I’m currently experiencing.
Stowe Family Law, as a firm, were transparent from the beginning about the potential costs and stages of my case. This honesty gave me clarity and peace of mind, knowing that everything was being managed properly.
—A Matthews
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Imrana Masters
Nov 2025
Imrana from Stowes has done a tremendous amount of work for me in the last 4 weeks.
Previously, I was with another solicitor for nearly two years, I was constantly chasing, instructions were not clear & hardly any progress was made. The final straw was when my old solicitor said she was unavailable to represent me in court with no explanation (even though I asked)
I decided to take the plunge so close to the hearing and move over to Stowes after reading their reviews & I'm so pleased I did.
Imrana has and still is very clear, reassuring and checks in on how I'm doing regularly, her standard of work has been impeccable and I cant thank her enough.
There has been so much for her to complete in the timeframe she's had, all deadlines have been made.
Imrana has made a really difficult time feel easier, she has taken a lot of my anxiety away by her kind words & reassurance.
Thank you so much, I will 100% recommend Imrana and the team at Stowes.
—K Brooks
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Amy Turner
Nov 2025
Firstly I’d like to thank Amy Turner for all her hard work and continued support while going through a break up with my ex partner. Not only did I get the result I wanted today out of a very complicated situation, but throughout my case I felt she genuinely cared about my wellbeing. Amy was always professional & gave me clear advice making me feel she always had my back. If you want a good solicitor Amy is the best in my eyes.
—D Wilson
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Filomena Sterkaj
Nov 2025
Filomena and her team helped me through the worst time of my life. Having left an abusive marriage with my two little girls, I was living in the UK without any family support, Filomena was there every step of the way with expert advice and support. The court granted me permission to relocate to Ireland with my girls. It was a very difficult case, one that seemed impossible to win, but thanks to Filomena, Emel and the rest of the team my children and I were able to permanently leave the UK. I will never be able to thank them enough for getting me through such a horrible time and getting us home to our family in Ireland.
—Anon
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Amy Turner
May 2024
Amy Turner at Stowe and Law solicitors has been working on dealing with my affairs through a divorce. Amy gave advice and support when needed and tells you as she sees it. Amy gave options through out the process at every stage that I could take without pushing me into an option and respects your decisions.
Amy worked tirelessly to achieve the aims that I asked her to deal with efficiently and professionally and wasted no time when receiving emails. Amy judging by the time of emails i received works long hours to achieve her targets. Amy is a pleasure to work with and will follow through on what she says she will do, you can rely on her to get the work done
—Ms R B
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Sarah McLoughlin
May 2024
I saw Sarah McLoughlin as part of my 'Next steps Meeting.'
Sarah was an excellent listener giving easy to understand information in a calm manner.
She broke down the next steps in a format that I felt empowered to undertake.
She was knowledgeable and friendly.
I was nervous at the start of the meeting but she was able to put my fears at ease and I finished the meeting feeling relieved and smiling.
—J D
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