Consent Order Applications in the UK: A Guide to Financial Consent Orders
Updated: Oct 10
When a couple divorces in the UK, the money side must be settled so that each person can make a clean break. A financial consent order is a legally binding document that records how assets, debts and property will be divided. This article explains what a consent order is, how the application works and how long it can take.
What is a consent order?
A consent order is a legal document that sets out the financial agreement between divorcing or separating spouses. Once the court approves it, it becomes legally binding. Both parties must follow its terms. It covers areas such as:
Division of assets: including property, savings and investments.
Spousal maintenance: if applicable.
Pensions: how they will be divided or shared. A pension sharing order, for example, can transfer part of one person's pension to the other.
Debts: who is responsible for which debts.
Child maintenance: this is usually handled separately through the Child Maintenance Service (CMS). It can be included if both parties agree, but the court's powers are limited.
The same process applies to the end of a civil partnership. You can read the official overview on GOV.UK: money and property when you divorce or separate.
Why is a financial consent order important?
Without a financial order, either person can make a financial claim against the other in the future. This can happen even years after the divorce is final. A consent order makes sure both parties are clear about their obligations and rights. It protects each spouse from later claims. It gives certainty and security.
An informal agreement between the two of you, even if written down, does not stop a court from looking at the finances again. Only a court order can do that. For this reason, a divorce settlement should be turned into a court order, even where the couple are on good terms.
Types of financial outcome
A consent order can take different forms, depending on what you agree. Common terms include:
A lump sum paid from one person to the other.
A transfer or sale of the family home.
Regular maintenance payments for a spouse, for a set time.
A clean break, where neither party can make further financial claims.
A pension sharing or earmarking order.
In some cases, the court will make no order for one type of claim. For example, there may be a clear agreement that no maintenance is payable. The order should say so in plain terms, to avoid doubt in future.
Steps in a consent order application
1. Agree the financial terms
Before you apply, both parties must agree how their finances will be divided. This can be reached privately, through mediation or with the help of solicitors. Both sides should share full and honest financial information first. If the couple cannot agree, a judge may have to decide, and that is a financial remedy application, not a consent order.
2. Draft the consent order
Once you have agreed, a solicitor drafts the consent order. This sets out the terms of the settlement in legal form. The draft must be clear, complete and legally sound. Mistakes can cause problems later, especially with property and pensions.
3. Submit the order to the court
The draft consent order is sent to the court with an application form (Form A) and a statement of information (Form D81). The D81 sets out each party's financial position and the main terms of the deal. You can find the form on GOV.UK: Form D81. Check the current court fee before you apply. If you have a low income, you may be able to get help with court fees.
4. Review by a judge
A judge reviews the consent order to check that the terms are fair to both sides. If the judge is satisfied, they approve the order without a hearing. If the agreement looks unbalanced, the judge may ask for more information or a hearing.
5. Finalising the order
Once the judge approves, the order is legally binding. Both parties must follow its terms. If someone does not comply, the court can enforce the order.
How a consent order fits with the divorce process
A financial order is separate from the divorce itself. The divorce process has its own stages. In England and Wales, these now include a conditional order, which used to be called a decree nisi, and then a final order. You can read about applying for a conditional order on GOV.UK.
You can usually apply for a consent order once the divorce application has been issued. A financial order generally takes effect only after the divorce is finalised. This is why timing matters. Plan the order so that it is ready before you apply for the final order.
Timeline for a consent order
Agreeing the financial terms: this varies with the complexity of the assets and with how well the parties cooperate. It may take from a few weeks to over a year.
Drafting the order: this often takes from a few days to a week, depending on your solicitor's availability.
Court review: once the order is submitted, the court often takes several weeks to review and approve it, if there are no complications. Court delays vary, so ask your solicitor for the current position.
Common mistakes to avoid
Relying on an informal written agreement and not applying for an order.
Leaving out pensions, which can be among the largest assets.
Not giving full financial disclosure.
Failing to deal with the mortgage on the family home.
Applying for the final order before the financial order is in place, without taking advice.
What the draft order should contain
The draft order is the heart of your application. The court needs to see exactly what each person will do and by when. A good draft order covers:
Who the parties are and the date of the marriage.
What happens to the family home, including any sale date or transfer.
Any lump sum, with the amount and the date it is due.
Maintenance payments, if any, and when they end.
How pensions are shared, with the details the pension provider needs.
Whether there is a clean break, so that neither party can make further claims.
How debts and the mortgage will be dealt with.
Vague wording is a common cause of later disputes. If the order says something unclear, you may need to go back to court to ask what it means.
The financial settlement and legal advice
A fair financial settlement depends on knowing what everyone owns and owes. Take legal advice before you sign the draft. Each person can ask a solicitor to check whether the agreement reached is reasonable in light of the law. You do not have to share the same solicitor, and in most cases it is wiser not to.
A solicitor can also explain what a judge is likely to approve. A court has a duty to consider whether the terms are fair. It does not simply stamp what the parties send in.
What if the judge does not approve the draft order?
Sometimes the court asks for changes. It may query a point of detail, or ask for more information about a pension or a property. Answer these requests promptly. A short delay on your side can add weeks to the process.
If the judge thinks that either party is being treated unfairly, a hearing may be listed. At that hearing, you may need to explain why the agreement is reasonable. If the terms cannot be agreed, the court may decide the financial issues itself.
What if circumstances change?
Life does not stop after a consent order. Some terms can be varied, such as spousal maintenance. Others, such as a lump sum or a property transfer, are generally final. Ask your solicitor which parts of your order can be changed and which cannot. This is one reason to take care over the terms at the start.
What if either party does not comply?
If either party does not do what the order says, you can ask the court to enforce it. The court has several options, depending on the type of order. Keep a record of what was agreed, what was paid and when. Good records make enforcement simpler.
Do you need a solicitor?
You do not have to use a solicitor to apply. A consent order is still a complex legal document, and the court will not give you advice. A solicitor can check that the agreement is fair, that the wording works and that all assets are covered. This is especially useful if you have pensions, a business or property abroad.
Conclusion
A consent order is essential for a clear and binding agreement on finances after divorce. It protects both parties from future claims and gives certainty about the future. The process involves negotiating the terms, drafting the order and obtaining court approval. The time it takes varies, but from agreement to court approval it can take several months.
Speaking to a solicitor during this process is highly recommended. It helps make sure your agreement is fair and legally binding, and that your financial interests are protected. You may also find our guide to finding good divorce attorneys helpful.
