Consent Order in Divorce: The Complete Plain-English Guide for England and Wales

When a marriage ends, agreeing what happens to the house, savings, pensions and other assets is one of the most important things you will do. A consent order is the legal document that turns a financial agreement between you and your ex into a court order, so neither of you can come back years later and claim more. Without one, even a final divorce does not close the door on future financial claims. This guide explains exactly what a consent order is, how it works in England and Wales, what it costs, and how to get one without spending a fortune.

What Is a Consent Order in Divorce?

A consent order is a legally binding court order that records and approves the financial agreement you and your ex-spouse have reached on divorce. It is sometimes called a financial consent order or a financial remedy order. Once a judge has approved and sealed the document, it becomes enforceable in the same way as any other court order.

The word "consent" simply means both parties agree to the terms. You are not asking a judge to decide anything for you. You are asking the court to rubber-stamp a deal you have already made, and in doing so, make it legally watertight.

A consent order can cover:

• The family home (who keeps it, when it is sold, or how equity is divided)
• Savings, investments and bank accounts
• Pensions (through a separate pension sharing order or pension attachment order)
• Business interests
• Debts and liabilities
• Spousal maintenance payments (ongoing or for a fixed period)
• Lump sum payments

It is important to understand that a consent order is separate from any arrangements about children. Child maintenance is handled through the Child Maintenance Service or a separate child arrangements order, not through a financial consent order.

Many people assume that once the divorce itself is finalised, their financial ties are automatically severed. That is not the case in England and Wales. The divorce process and the financial settlement are two distinct legal processes. You can be legally divorced and still have unresolved financial claims against each other. A consent order is what closes that gap.

Why You Need a Consent Order (Even If You Agree on Everything)

It is tempting to think that if you and your ex have already agreed amicably, you do not need any formal paperwork. This is one of the most common and costly misconceptions in divorce law.

Without a consent order, either of you could make a financial claim against the other at any point in the future. This is true even if years have passed, you have both moved on, and neither of you has any intention of doing so right now. Circumstances change. People lose jobs, inherit money, start new businesses, or form new relationships. Any of these events could prompt a former spouse to revisit old financial arrangements.

There have been well-publicised cases in England and Wales where divorced people received large windfalls, such as lottery wins or inheritances, years after their divorce, only to face a financial claim from their former spouse because there was no consent order in place. The courts have, in some cases, awarded significant sums even a decade after the marriage ended.

A consent order provides a clean break, which means both parties formally agree that all financial claims between them are settled and concluded. Neither person can return to court to ask for more money, more assets, or spousal maintenance unless there are very specific exceptional circumstances.

Getting a consent order is especially important if:

• One of you owns property or has a pension
• There is a significant difference in your incomes or assets
• Either of you is likely to receive an inheritance
• One of you runs a business
• You want certainty before you both move on financially

For more detail on the overall costs involved in sorting your finances on divorce, take a look at our guide on how much divorce costs in England and Wales.

Consent Order vs Clean Break Order: What Is the Difference?

You will often hear the terms consent order and clean break order used interchangeably, but they are not exactly the same thing, and it helps to understand the distinction.

A consent order is the broader document that records all your financial arrangements. It can include ongoing spousal maintenance, lump sum payments spread over time, property transfer arrangements, and pension sharing provisions. A consent order does not always mean a clean break.

A clean break order is a specific type of consent order, or a clause within one, that formally dismisses all future financial claims between the parties. It draws a definitive line under the financial relationship. This is typically what most divorcing couples aim for, particularly where there are no children and both parties are financially independent or can become so.

In practical terms:

• If one of you will pay the other spousal maintenance for five years, the order will record those payments and then include a clean break clause at the end of the maintenance period.
• If you are splitting everything now and neither will owe the other anything ongoing, a straightforward clean break order settles it immediately.

A judge cannot grant a consent order that they consider unfair or that is not in the interests of any children involved. They will review what has been agreed and consider whether it is broadly reasonable. If they have concerns, they may ask for further information before approving it. This is one reason why both parties are usually expected to provide brief financial disclosure alongside the application.

If your situation involves pensions, our free divorce financial calculator can help you understand what your assets might look like once split.

How to Apply for a Consent Order in England and Wales

Applying for a consent order is a process that runs alongside or just after your divorce application. Here is how it works step by step.

1. Reach an agreement with your ex. Both of you need to agree on all financial matters. This may involve negotiation, mediation, or collaborative law. Neither of you needs a solicitor to negotiate, but having at least independent legal advice is strongly recommended before you sign anything.
2. Obtain a draft consent order. The agreement needs to be written up in the correct legal format as a draft consent order. This is a technical document with specific wording. Many people use a solicitor or a specialist service to draft this for them. Solicitors typically charge £150 to £400 or more per hour for this work, which can add up quickly.
3. Complete Form D81. Both parties must complete a Statement of Information (Form D81). This is a summary of each person's financial position including income, assets, debts, and housing needs. The court uses this to assess whether the agreement is fair.
4. File the documents with the court. You submit the draft consent order, Form D81, and a covering letter to the court. There is a court fee of £53 (as of 2026) to lodge a consent order application.
5. A judge reviews the paperwork. This usually happens on paper, without either of you attending court. The judge checks that the agreement appears fair and that the correct legal formalities have been followed.
6. The order is sealed. If the judge approves, the court seals the order and sends copies to both parties. It is now legally binding.

The whole process typically takes between 6 and 12 weeks from submission, though it can take longer if the court has a backlog or if the judge raises queries. You can apply for a consent order once your conditional order (formerly decree nisi) has been granted, and it comes into full effect at the final order (formerly decree absolute) stage.

If you are considering handling your divorce without a solicitor, our guide on how to divorce without a solicitor in the UK gives you a practical overview of the whole process.

How Much Does a Consent Order Cost?

The cost of a consent order varies depending on how you go about getting one. Here is a realistic breakdown.

The court fee of £53 is unavoidable. Beyond that, the costs depend on who drafts the document and how complex your financial situation is.

If you use separate solicitors, costs can escalate fast. Each letter, phone call, and revision is typically charged at an hourly rate of £150 to £400 or more. A straightforward consent order using solicitors could cost each of you £500 to £1,500. If there are disputes or complications, costs can climb far higher.

Some couples use a specialist consent order drafting service, where a solicitor prepares the document based on information you both provide. This is usually cheaper than full solicitor involvement and typically costs between £200 and £500 for the draft.

Before you pay anyone to draft anything, it is worth making sure you fully understand what a consent order should contain and what the process involves. That is exactly what Clarity Guide is designed for. Our plain-English divorce guide starts from £37 and helps you understand every stage of the process so you can make confident, informed decisions without paying solicitor rates for basic information.

For a full breakdown of all the costs you might face during divorce, see our article on divorce costs in England and Wales.

Can a Consent Order Be Changed or Overturned?

Once a judge has sealed a consent order, it is very difficult to change it. This is by design. The whole point is to provide finality. However, there are limited circumstances where a party can apply to vary or set aside a consent order.

Varying a consent order is possible in certain situations, most commonly where the order includes ongoing spousal maintenance. If there has been a significant change in either party's financial circumstances, such as redundancy, serious illness, or a large increase in income, the paying or receiving party can apply to the court to vary the maintenance amount.

A lump sum order or property transfer order cannot generally be varied once made. These are considered final.

Setting aside a consent order entirely is even harder. The courts will only consider this in very narrow circumstances, including:

• One party deliberately concealed assets or misrepresented their financial position during disclosure
• The order was made based on a mistake of fact
• There was fraud, duress, or undue influence
• A significant unexpected event occurred very shortly after the order that could not have been anticipated

The burden of proof is high and the process is expensive. This is why full and honest financial disclosure at the time of the original application is so important. If either party hides assets and this is later discovered, the entire order could be set aside, leading to fresh litigation and significant legal costs for the party who was dishonest.

For most couples with a well-drafted and fairly negotiated consent order, the order will stand permanently. That is exactly the security it is designed to provide.

Scotland Is Different: Consent Orders Do Not Apply

It is worth being clear that the information in this article applies to England and Wales only. Family law in Scotland operates under an entirely different legal framework, and consent orders as described here do not exist in Scotland.

In Scotland, financial agreements on divorce are dealt with through a minute of agreement or by applying for a court order under the Family Law (Scotland) Act 1985. The principles used to divide assets are also different, with a stronger emphasis on the value of matrimonial property built up during the marriage.

If you are divorcing in Scotland, we have a dedicated guide on consent orders in Scottish divorce that explains how the Scottish system works and what steps you need to take to protect your financial agreement. You can also read our complete guide to divorce in Scotland for a full overview of the process.

If you are unsure whether Scottish or English and Welsh law applies to you, the general rule is that it depends on where you are habitually resident, not where you were married. If you live in Scotland, you divorce under Scots law. If you live in England or Wales, you divorce under English and Welsh law. If you have recently moved or split your time between jurisdictions, it is worth taking specific legal advice on this point.

Common Mistakes to Avoid When Getting a Consent Order

Getting a consent order right matters. Here are the most common mistakes people make and how to avoid them.

1. Assuming the divorce itself sorts out the finances. It does not. Many people finalise their divorce and genuinely believe their financial ties are cut. They are not. You need a separate financial consent order to achieve a clean break.

2. Not completing financial disclosure properly. The Form D81 must be accurate and complete. If either party provides misleading information, the order could be set aside later. Be thorough and honest.

3. Using informal written agreements instead. A signed letter or email agreement between you and your ex has no legal standing in itself. Only a court-sealed consent order is enforceable.

4. Leaving it too late. While there is no strict deadline for applying for a consent order after divorce, waiting too long can complicate matters, particularly if one party remarries. Remarriage bars the remarried person from making certain financial claims, but it can also affect the type of orders available to them. Act promptly once your financial agreement is in place.

5. Not getting independent legal advice. Even if you draft the consent order using an online service or a guide, both parties should understand what they are agreeing to. Independent legal advice, even a single one-hour session with a solicitor, ensures you are not signing away rights you did not realise you had.

6. Forgetting about pensions. Pensions are often the largest single asset in a marriage after the family home, yet they are frequently overlooked or undervalued in settlements. A pension sharing order or pension attachment order must be included in or attached to your consent order if pensions are to be divided. Make sure pensions are properly valued using a cash equivalent transfer value (CETV) before you agree terms.

Taking the time to understand the process fully before you start will save you money, stress, and potential legal problems down the line. Our complete guide to divorce in England and Wales covers all of this in plain English, from the initial application through to final financial settlement.