Divorce is about more than just separating - it’s about ensuring financial clarity for the future. A consent order makes financial agreements legally binding, protecting both parties from future claims. In this guide, we explain what a consent order is, why you need one, and how the process works.
What is a consent order in divorce?
A consent order is a legally binding court order that finalises financial agreements between divorcing spouses. It confirms how assets, savings, pensions, property, and debts will be divided and can also include arrangements for spousal maintenance. Even if you and your ex-partner have agreed on everything amicably, a consent order is important because:
It legally protects you from future financial claims.
It prevents disputes by making the agreement official and enforceable.
It ensures both parties stick to the agreed terms.
What is a clean break order?
A clean break order is a type of consent order that severs all financial ties between ex-spouses. Once approved, neither party can make future financial claims, even if one of them later comes into money through inheritance, career success, or winning the lottery.
Without a clean break order, your ex could still make a financial claim against you in the future - even years after the divorce. If you're unsure whether you need a consent order or a clean break order, seeking legal advice can help you choose the right option for your situation.
👉 You can learn more in our guide to what is a clean break order.
When should you apply for a consent order?
You should apply for a consent order once you and your ex-spouse have agreed on how to divide finances, but before your divorce is finalised. This ensures that your financial settlement is legally binding, giving both parties certainty and protection from future claims.
Example: If you receive an inheritance or your income increases significantly in the future, your ex could still make a claim against you unless a consent order is in place.
Do you still need a consent order if you have no financial assets?
Yes, it’s still a good idea to get a clean break consent order, even if you have no financial assets. This legally ends any future financial claims between you and your ex-partner, preventing unexpected claims down the line. Without one, the financial ties remain open.
What can a consent order include?
A consent order can cover a range of financial matters to ensure a fair and final settlement, including:
Division of property and assets: Deciding who keeps the family home, savings, investments, and other shared assets.
Spousal maintenance payments: Agreeing whether one party will provide ongoing financial support to the other.
Pension sharing arrangements: Splitting pension funds to ensure a fair retirement provision.
Sum payments: One party making a one-time payment to the other instead of ongoing maintenance.
Debt responsibilities: Clarifying who will take responsibility for any outstanding debts.
Can you get divorced without a consent order?
Yes, you can get divorced without a consent order, but it’s not recommended. Even after your divorce is legally finalised, your ex can still make financial claims against you in the future - even years later. A consent order legally protects you by making your financial settlement final and enforceable, preventing any future claims. Even if your divorce is amicable, having this legal protection ensures that both parties can move forward with financial certainty.
How long does a consent order typically take?
A consent order typically takes 4 to 10 weeks to be approved, depending on court processing times. However, delays can happen if the judge requires further clarification or if the agreement needs modifications before approval.
Consent order process explained
Getting a consent order involves a few key steps to make your financial agreement legally binding. Here’s what you need to do:
1. Gather information
Before applying, you must complete a Statement of Information (Form D81), which includes:
Personal details and length of marriage.
The value of assets, income, and debts.
Details of any property transfers or future financial payments.
Plans for remarriage or long-term relationships.
Any arrangements for children.
This form helps the court assess whether the agreement is fair before approving the consent order.
2. Draft the consent order
This document outlines your financial settlement, including asset division, maintenance, and pension sharing. You can draft it yourself, but using a solicitor ensures it is legally sound and reduces the risk of rejection.
3. Complete the application
You’ll need to submit Form A (Notice of Intention to Proceed with a Financial Order) to formally open your financial claims. If applying online, Form A is included in the digital consent order application.
4. Submit your application
Send the following to the court:
Form D81 (Statement of Information) signed by both parties.
Form A (marked "For Dismissal Purposes Only").
Three copies of the consent order (one unsigned, one signed by each party).
Court fee payment (by cheque or online).
5. Court review and approval
A judge will review the agreement to ensure it is fair and reasonable. If approved, the court issues the final consent order, and neither party needs to attend court.
If the judge has concerns, they may:
Request more information before approval.
Suggest amendments to ensure fairness.
Once approved, the order becomes legally binding, protecting both parties from future financial claims.
Need help? An online divorce lawyer can ensure your consent order is correctly drafted and approved without delays.
Can a consent order in divorce ever be rejected?
Yes, a judge can reject a consent order if they believe it is unfair or does not meet legal requirements. When reviewing the agreement, the court ensures that the settlement is reasonable and protects both parties - especially when children are involved. A judge may reject a consent order if:
It is unfair to one party – If one person gets significantly more than the other without a valid reason, the court may question the fairness of the agreement.
It does not provide for children’s financial needs – The court will check that arrangements for child maintenance or financial support are in place where necessary.
One party was pressured into signing – If there is evidence that one party was coerced or did not fully understand the agreement, it may not be approved.
Can you change or modify a consent order?
Once a consent order is approved, it is legally binding and cannot easily be changed. However, there are some exceptions where modifications may be allowed:
Significant financial changes: If one party experiences a major financial shift, such as job loss, serious illness, or a drastic change in income, they may request a revision of spousal maintenance payments.
Failure to disclose assets: If one party hid assets or financial information at the time of the agreement, the court can review and potentially overturn the order.
Mutual agreement: If both parties agree to change the terms (e.g., modifying a property transfer or pension agreement), they can apply for a variation of the order.
Final thoughts
A consent order provides financial certainty after divorce, ensuring that both parties stick to the agreed terms and preventing future claims. While it’s not legally required, it’s highly recommended for financial protection. If you're unsure about your options, seeking legal advice can help you make the right decision.
References
Money and property when you divorce or separate from Gov.UK