Consent orders explained

What is a consent order?

A consent order is a legal document that records your agreed financial settlement and is approved by a court. Once approved, it becomes legally binding – you can both be held to its terms, and breach can result in enforcement action.

A consent order can cover:

• Division of the family home and other properties
• How savings, investments, and other assets are split
• Pension sharing arrangements
• Spousal maintenance payments
• Division of debts
• A “clean break” dismissing future claims

Without a consent order, any agreement you make is simply a private arrangement with no legal force. Either of you could change your mind, and neither could enforce the terms.

Why you need one

The case of Wyatt v Vince illustrates why consent orders matter. Kathleen Wyatt and Dale Vince divorced in 1992 when they were living in a caravan with no assets. Twenty years later, Dale’s green energy company Ecotricity was worth over £100 million. Because they had no financial order, Kathleen successfully claimed against his wealth, eventually receiving £300,000 plus substantial legal costs.

Without a consent order:

• Your ex could claim a share of future wealth (lottery wins, inheritance, business success)
• Informal agreements aren’t enforceable
• Property transfers may not be legally valid
• Pension sharing can’t be implemented
• There’s no clean break from financial ties

Even if you have no assets now, a consent order protects you from future claims.

When to apply

You can apply for a consent order:

After your conditional order – the court won’t approve a consent order before this point in your divorce.

Before your final order – ideally, get your consent order approved before finalising your divorce. This is particularly important for pensions, as some pension benefits depend on still being legally married.

The consent order only takes effect after your final order is granted, but you should have it approved and ready beforehand.

What’s included

A typical consent order contains:

Recitals

Background information setting out the context – names, date of marriage, that you’ve both made full disclosure, and that you’ve each had the opportunity for legal advice.

The order itself

Specific terms of your agreement:

• What happens to the family home (sold, transferred, or deferred)
• How other property is dealt with
• Division of savings, investments, and other assets
• Pension sharing orders (specifying percentages)
• Spousal maintenance terms (amount, duration, or confirmation that none is payable)
• Provisions for children’s housing if relevant
• Who pays what debts

Clean break clause

If applicable, a statement that dismisses all future claims for capital and/or income, achieving a clean break.

Undertakings

Promises made by each party (not directly enforceable as court orders but still binding). For example, agreeing to pay a credit card balance.

How to apply

Step 1: Agree terms

Before you can apply, you need to agree what your settlement will be. This might be done through:

• Direct negotiation
• Mediation
• Solicitor negotiation
• Collaborative process

Step 2: Draft the consent order

The consent order must be drafted in proper legal format. While it’s technically possible to draft your own, mistakes can be costly. Most people have a solicitor draft it, which typically costs £400-£1,500 depending on complexity.

The order should be signed by both parties (or their solicitors).

Step 3: Complete Form D81

Form D81 is a Statement of Information summarising both parties’ financial positions. It shows the court the context for your agreement – income, assets, debts, and what you’ve agreed.

Both parties must sign Form D81.

Step 4: Submit to court

Send to the court:

• The draft consent order (signed)
• Form D81 (signed by both)
• Form A (Notice of Application for a Financial Order)
• The £60 court fee

For divorce cases, send to: HMCTS Financial Remedy, PO Box 12746, Harlow CM20 9QZ.

Step 5: Wait for approval

A district judge reviews your paperwork. They check that:

• The agreement appears fair
• Both parties have made disclosure
• Any children’s needs are considered
• The terms are clear and enforceable

If satisfied, the judge approves the order. If they have concerns, they may ask questions or require amendments.

Processing typically takes 4-10 weeks, depending on court workload.

What if the judge doesn’t approve it?

Judges can refuse to approve a consent order if:

• It appears unfair to one party
• There’s inadequate disclosure
• Children’s needs aren’t properly considered
• The terms are unclear or unworkable

If refused, you’ll receive feedback on the concerns. You may need to amend the order or provide additional information. In some cases, you might need to reconsider your agreement.

Refusal is relatively rare if the order is properly drafted and genuinely reflects a fair agreement.

Costs

The court fee is £60.

If you use a solicitor to draft the order:

• Simple cases: £400-£800
• Standard cases: £800-£1,500
• Complex cases (businesses, multiple properties, pension sharing): £1,500-£3,500

Some online services offer fixed-fee consent order drafting from around £250-£500, though complex situations benefit from bespoke legal advice.

Can a consent order be changed later?

Once approved, a consent order is final and very difficult to change. This is intentional – the whole point is certainty and closure.

However, in limited circumstances, orders can be varied:

Spousal maintenance – if circumstances change significantly (job loss, serious illness), either party can apply to vary the amount or duration.

Children’s arrangements – provisions for children can be reviewed if circumstances change.

Property orders – generally cannot be changed once implemented.

Clean break provisions – cannot be undone.

An order might be set aside entirely if:

• There was material non-disclosure (hidden assets)
• There was fraud or misrepresentation
• There were exceptional circumstances

These are high bars to meet, and setting aside orders is rare.

Clean break vs ongoing obligations

Your consent order can either:

Achieve a clean break – all future claims are dismissed, and you have no ongoing financial obligations to each other (except child maintenance, which can’t be dismissed).

Include ongoing obligations – such as spousal maintenance for a period of time, or deferred property sales.

A clean break is usually preferable where possible, as it provides certainty and allows both parties to move on. But it’s not always appropriate, particularly if one person can’t immediately be financially independent.

Do-it-yourself vs professional help

While you can technically submit your own consent order, professional help is valuable because:

• Legal language needs to be precise
• Mistakes can make terms unenforceable
• Complex issues (pensions, property) require expertise
• Judges expect proper legal formatting
• Errors may cause rejection and delays

The cost of professional drafting is modest compared to the protection it provides.