A consent order is a crucial step in legally finalising a financial settlement, especially in divorce cases. Once sealed by a judge, it becomes legally binding, meaning both parties must follow its terms. But what happens next? Whether you're wondering how to enforce the order or modify it in the future, we’ll walk you through the key steps to ensure a smooth transition.
What is a consent order?
A consent order is a legally binding court document that confirms how you and your ex have agreed to divide your finances after a divorce or civil partnership dissolution. It makes your financial settlement official and enforceable, preventing either of you from making future claims.
Even if you’ve already agreed on who gets what, a consent order protects you legally. Without one, your ex could still make a claim on your assets, income, or pensions - even years after your divorce. It’s the only way to ensure your financial agreement is final and secure.
What does a ‘sealed’ consent order mean?
A sealed consent order means that a judge has reviewed, approved, and officially stamped the document, confirming that the financial agreement is fair and legally binding. This means:
The court recognises the agreement and expects both parties to follow it.
The order is now legally enforceable, meaning if one party fails to comply, legal action can be taken.
No further negotiations - what’s agreed in the consent order is final unless both parties agree to change it or the court allows modifications in exceptional circumstances.
Once the consent order is sealed, both parties will receive a copy. This confirms that the agreement is now legally binding and must be followed as outlined in the document.
Next steps after your consent order is sealed
Once your consent order is sealed by the court, it becomes legally binding, meaning both parties must follow the terms exactly as agreed. To ensure a smooth transition, here are the key steps you should take:
1. Implement the agreement
The first step is to carry out all financial actions outlined in the consent order. This may include:
Transferring property ownership (e.g. selling a home or changing mortgage arrangements).
Dividing savings or investments as agreed.
Implementing pension sharing - this often requires additional paperwork with pension providers.
2. Set up payments
If the order includes spousal maintenance or child maintenance, ensure payment arrangements are set up correctly. You may need to:
Arrange direct bank transfers or standing orders.
Keep records of payments for legal protection.
Inform the Child Maintenance Service (CMS) if applicable.
💡 Tip: Failure to make payments could lead to legal enforcement, so ensure all obligations are met on time.
3. Update legal and financial documents
To reflect the terms of the consent order, you should update relevant financial and legal records:
Pension providers – If pension sharing is involved, notify the provider and submit required documents.
Mortgage lenders and banks – If accounts or property ownership changes, inform financial institutions.
Insurance policies and wills – Update beneficiaries on life insurance and wills to match your new circumstances.
Can a consent order be modified in the future?
A consent order is designed to be final, but in some cases, changes can be made. Here’s when modifications may be possible:
By mutual agreement: If both parties agree to change certain terms, they can apply to the court to modify the order.
If circumstances change: Significant financial changes may justify adjustments, such as job loss or reduced income affecting maintenance payments.
If there was a mistake: If one party failed to disclose assets or financial information when the consent order was made, the court may revisit and potentially overturn the order.
💡 Tip: Modifying a consent order is not easy and requires strong legal grounds. If you think a change is necessary, consult a family law solicitor for guidance.
What can you do if a consent order is rejected?
If a judge rejects your consent order, don’t panic - this doesn’t mean your financial settlement is lost. The court will typically provide reasons for the rejection, and you will have options to revise and resubmit the order. Here’s what you can do next:
Understand why the order was rejected
When a consent order is rejected, the court will usually explain why. The most common reasons include:
The agreement is unfair or heavily favours one party.
Incomplete financial disclosure - if assets, pensions, or debts were not fully disclosed.
Ambiguous or unclear terms - if the wording is vague or key details are missing.
The order does not adequately provide for children’s financial needs.
Amend the agreement and resubmit
If the judge has concerns about fairness, you may need to adjust the financial settlement to make it more balanced. This could involve:
Adjusting asset division to reflect each party’s financial position.
Ensuring spousal or child maintenance is appropriate.
Clarifying vague terms to ensure the agreement is legally enforceable.
Seek legal advice
If you applied for a consent order without legal assistance, a divorce solicitor can help you:
Revise the agreement to meet legal requirements.
Ensure the wording is precise and legally enforceable.
Negotiate changes if needed to secure court approval.
💡 Why is this important? DIY consent orders are more likely to be rejected due to errors or missing details. A solicitor ensures your agreement is legally sound and court-ready.
FAQ
How long does it take for a consent order to be sealed?
Once submitted, a consent order usually takes 4 to 10 weeks to be reviewed and sealed by the court. Processing times can vary depending on the court’s workload and whether the judge requests any clarifications or changes.
Can one party refuse to comply with a sealed consent order?
A sealed consent order is legally binding, meaning both parties must comply. If one party ignores the agreement, the other can take legal action to enforce it.
Does a consent order cover child arrangements?
No, child arrangements (custody, visitation, and parental responsibilities) are not included in a consent order. These matters are usually handled separately through a Child Arrangement Order.
Final thoughts
A sealed consent order provides financial clarity and finality in legal settlements. Once approved by a judge, it must be followed as outlined. If changes are needed, or if enforcement becomes necessary, seeking legal advice is recommended. Understanding the implications of a consent order ensures a smoother financial transition after divorce or separation.
Disclaimer: This article only provides general information and does not constitute professional advice. For any specific questions, consult a qualified legal professional.