Financial Settlement & Remedy
A consent order is the court order that turns a financial agreement reached on divorce into something legally binding. Many people are surprised to learn that a divorce on its own does not end the financial ties between a couple. Even after the marriage is over, an ex husband or wife can still make a claim against your money, property or pension, sometimes years later. A consent order closes that door. It records what you have agreed about the home, savings, pensions and any maintenance, and once a judge approves it the agreement can be enforced and future claims are shut out. We draft the consent order properly, complete the court forms, and guide it through to approval, so your settlement is secure.
At a glance
What it does
It makes your financial agreement legally binding and enforceable through the court.
Why it matters
Without one, your former spouse can still claim against your finances in future, even after divorce.
Clean break
A clean break order ends all financial ties for good, protecting future earnings and inheritance.
Court fee
The court fee is £60. Help with Fees may reduce or remove it if you are on a low income.
A consent order is a court order that makes the financial agreement reached by a divorcing or dissolving couple legally binding. It records how money, property and pensions are divided, and how any maintenance will be paid. Once a judge approves it, the order can be enforced, and the financial claims between you are brought to an end.
The agreement comes first. You and your former spouse decide how to split your finances, whether between yourselves, through solicitors, or in mediation. The consent order is the document that turns that agreement into a binding court order. It is the safe way to record a settlement, far stronger than a letter or a handshake.
A consent order is usually made alongside a no-fault divorce, and the timing matters. It can also follow a dissolution or an annulment. If you cannot reach agreement at all, you can ask the court to decide instead, through financial remedy proceedings.
This is the part people most often get wrong. A divorce ends the marriage, but it does not end your financial obligations to each other. A consent order is what does that.
A consent order can cover all of the financial parts of your separation. The main things it sets out are below.
Once you have agreed your settlement, there is a clear path to making it binding. These are the stages.
1. Agree and draft the order
Once you have agreed how to divide your finances, the agreement is written up as a consent order. This needs precise legal wording, and a poorly drafted order can be rejected, so it is worth having a solicitor prepare it.
2. Complete the statement of information
Both of you complete a statement of information, Form D81, setting out your finances now and after the agreement. The judge uses it to check the order is fair. You also send a Form A to open and dismiss the financial claims.
3. Send it to the court and pay the fee
The draft order and forms go to the court with the £60 fee. In a divorce, you can apply once the conditional order has been made. Where a solicitor acts for you, the application is made online.
4. A judge approves and seals it
A judge reviews the order on paper to check it is fair. In most cases neither of you has to attend court. Once the judge is satisfied, the order is sealed and becomes binding. This usually takes a few weeks.
A judge does not simply rubber-stamp a consent order. The court can refuse to approve one that looks unfair, or ask for more information, which is why full and honest financial disclosure and careful drafting matter. Timing also matters: it is usually best to have the consent order sealed before you apply for the final order in your divorce, so that valuable rights, such as over a pension, are not lost. The £60 court fee is correct as at June 2026 and fees can change, so please confirm the current figure with us. This page is a general guide, not legal advice on your case.
Our family solicitors handle the whole consent order process, so your agreement becomes a binding order without errors or delay.
Before anything is drafted, we look at what you have agreed, advise you on whether it is reasonable, and flag anything a judge may question, so the order is approved first time rather than sent back.
We draft the consent order in the precise legal language the court expects, covering property, savings, pensions and maintenance, and we include a clean break where that is what you want.
We prepare the statement of information and the application form, and any pension sharing annex, and make sure the financial picture is presented clearly, so the judge has what is needed to approve the order.
We submit the application to the court, deal with any questions the judge raises, and confirm to you once the order is sealed and your settlement is secure, with the timing of your final order handled correctly.
We offer a clear fixed fee for drafting and obtaining a consent order, so you know the cost from the start, with the £60 court fee on top. Most financial work of this kind is privately funded. Legal Aid for divorce finances is limited, and is generally available only where there is evidence of domestic abuse or a risk of harm to a child, subject to a means and merits test. Legal Aid for family mediation is more widely available, which can help you reach the agreement in the first place. We will tell you honestly where you stand, and set out any fee clearly and in writing before any work begins. There is no charge for an initial phone consultation.
A consent order is a court order that makes the financial agreement reached by a divorcing couple legally binding. It sets out how property, savings, pensions and maintenance are dealt with. Once a judge approves it, the order can be enforced and the financial claims between you are brought to an end.
Yes, and it is strongly recommended. A final divorce order ends the marriage but not your financial ties. Without a consent order, your former spouse can still bring a financial claim against you in the future. It is best to put one in place without delay, even if the divorce itself is done.
A clean break order is a type of consent order that ends all financial ties between you and your former spouse, with no ongoing maintenance. It protects your future earnings, inheritance, business and savings from any later claim. It suits couples who can settle everything now and want certainty and a fresh start.
The court fee is £60, paid when the application is submitted. On top of that is the cost of drafting the order and completing the forms, and we offer a fixed fee for this so you know the figure from the start. If you are on a low income, Help with Fees may reduce or remove the court fee.
Yes. A judge does not simply rubber-stamp the order. They check that it is fair to both of you and that you have given full financial disclosure. If the order looks unfair, or a large departure from an equal split is not explained, the judge can ask for more information or refuse it. Careful drafting avoids this.
No. A separation agreement is a private contract that a court has not approved, and its enforceability is limited. A consent order is approved by a judge and is fully binding. A separation agreement can be a useful step, but a consent order is what gives you real protection against future claims.
In a divorce, you can apply once the conditional order has been made. The order is not binding until the court approves it and your final order is granted. It is usually best to have the consent order sealed before you apply for the final order, so that rights such as a pension or life cover are not lost.
Last updated: June 2026.
