Sorting out finances after a divorce can be complicated, but making your settlement legally binding is essential. A consent order is used when both parties agree on financial matters and want to prevent future claims, while a financial order is needed if a couple cannot agree, allowing the court to decide. Understanding the differences can help you choose the right option to secure financial certainty and move forward with confidence.
What is a consent order?
A consent order is a legally binding court document that finalises a financial agreement between divorcing or separating spouses. It ensures that both parties stick to the agreed settlement and prevents future financial claims. Even if you and your ex have reached an amicable agreement, a consent order is essential because:
- It legally protects both parties, preventing one from making claims years later.
- It ensures all assets, pensions, debts, and maintenance payments are settled fairly.
- It provides certainty and closure, so you can move forward without financial worries.
Key features
- Legally binding: Once approved by the court, a consent order has the same enforceability as a court judgment.
- Requires mutual agreement: Both parties must agree on financial matters before submitting the order.
- Prevents future claims: A consent order provides financial closure by preventing further claims against assets, pensions, or income.
- Court approval required: Although no court hearing is usually needed, a judge must review and approve the order to ensure fairness.
Pros and cons
| Pros | Cons |
| Provides certainty and finality in financial matters. | Requires mutual agreement, which may not always be possible. |
| More cost-effective and faster than contested financial proceedings. | Court approval is necessary, which can delay finalisation if the order is not well-drafted. |
| Avoids lengthy court disputes by settling issues amicably. |
What is a financial order?
A financial order is a legally binding court order that settles financial matters in a divorce or separation. It determines how money, property, pensions, debts, and financial responsibilities are divided between ex-spouses or civil partners. A financial order can include:
- Division of property, savings, and investments
- Pension sharing or offsetting
- Spousal maintenance payments
- Lump sum payments
- Debt responsibility
- Child maintenance (although usually handled separately by the Child Maintenance Service)
Key features
- Covers various financial matters: Includes lump sum payments, property division, pension sharing, and spousal maintenance.
- Can be contested or uncontested: Financial orders can be granted by the court after a contested hearing or approved by consent.
- Applies to both divorce and civil partnership dissolution: Ensures fair distribution of financial assets.
Pros and cons
| Pros | Cons |
| Provides legal clarity and enforceability for financial settlements. | Contested financial orders can be expensive and time-consuming. |
| Can be obtained through court intervention if parties cannot reach an agreement. | Court hearings may be required, leading to stress and uncertainty. |
What is the difference between a financial order and a consent order?
| Feature | Consent order | Financial order |
| Nature | A voluntary agreement between parties | A court order resolving financial disputes |
| Court involvement | Requires court approval but no hearing | May involve court hearings if contested |
| Flexibility | Requires mutual agreement | Can be imposed by a judge if no agreement is reached |
| Legal Finality | Prevents future financial claims | Provides a final decision on financial matters |
| Speed | Faster as it avoids litigation | Can take longer due to court proceedings |
Re-cap: Financial order and consent order compared
- A consent order is a type of financial order that records an agreed financial settlement.
- A financial order can be contested, whereas a consent order is based on mutual agreement.
- A consent order prevents future claims, offering financial closure, whereas other types of financial orders may include ongoing maintenance obligations.
Which one do you need?
- If you and your ex agree on your finances → Apply for a consent order to make the agreement legally binding and protect against future claims.
- If you cannot agree and need a court to decide → Apply for a financial order so a judge can determine a fair settlement.
💡 Editor’s insight: “Even if your divorce is amicable, a consent order gives you financial closure and legal certainty. Without one, your ex could make financial claims against you in the future - even years after your divorce.”
FAQ
Can I apply for a financial order without a consent order?
Yes, if spouses cannot agree, they can apply for a financial order to settle disputes through the court.
Do I need a solicitor for a consent order?
While not legally required, using a divorce solicitor ensures the order is correctly drafted and increases the likelihood of court approval.
Can a financial order be changed after divorce?
Yes, under certain circumstances, such as a significant change in financial circumstances.
Final thoughts
While both consent orders and financial orders relate to financial settlements in divorce, they differ in how they are obtained and enforced. A consent order formalises an agreement between spouses, while a financial order can be imposed by the court if no agreement is reached. Seeking legal advice can help ensure the best approach for securing a fair financial settlement.
References
- Money and Property When You Divorce or Separate from Gov.UK