What is a consent order?

A consent order is a legal document that sets out how you and your ex-partner have agreed to divide your finances. It’s drawn up after you have both reached an agreement and is then sent to the court for a judge to approve. Once approved, it becomes a binding court order, meaning you must both stick to its terms.

A consent order can cover a wide range of financial matters, including the family home, savings and investments, pensions, debts and ongoing maintenance payments.

What is the difference between a divorce and a consent order?

A common misunderstanding is that getting a divorce automatically sorts out your finances. In fact, a divorce and a consent order are two separate things. A divorce simply ends your marriage. It doesn’t deal with how your money, property or pensions are divided.

You could be fully divorced and still have unresolved financial ties to your ex-partner. A consent order is the document that deals specifically with the financial side of things.

Without one, your divorce is only half the job done. It’s entirely possible to be divorced but still financially linked to your former spouse, which is why obtaining a consent order is just as important as the divorce itself.

Why is a consent order so important?

1. It makes your agreement legally binding

A verbal agreement, or even one written down informally, isn’t enforceable by the courts. A consent order turns your agreement into something that can be enforced. If your ex later refuses to follow through on what was agreed, you can go back to court and ask for the order to be enforced. Without one, you would have very little recourse

2. It provides a clean break

A clean break means that once everything has been divided up, neither of you can make any further financial claims against the other in the future. Without a clean break, the door remains open for your ex-partner to come back and make a claim against you, even years after the divorce has been finalised. This is true even if you have both moved on and built new lives

3. It protects future wealth

Imagine you receive an inheritance, build a successful business or win the lottery after your divorce. Without a consent order containing a clean break, your former spouse could potentially make a claim against that new wealth. A consent order closes that door and gives you peace of mind that your future finances are your own.

What happens if you don’t get a consent order?

Without a consent order, either party can make a financial claim against the other at any point in the future. There’s no time limit on these claims, which means your ex could come back five, 10 or even 20 years later and ask the court to consider their financial needs.

How do you get a consent order?

The process of obtaining a consent order is relatively straightforward. First, you and your ex-partner need to reach an agreement about how to divide your finances. This can be done between yourselves, through mediation or with the help of solicitors.

Once you have reached an agreement, a solicitor will draft the consent order, which is then submitted to the Family Court for approval and sealing.

How much does a consent order cost?

The cost of a consent order is modest when compared to the protection it provides. There’s a court fee to submit the application (currently £60), and you will also need to pay for a solicitor to draft the order. The overall cost will vary depending on the complexity of your finances, but for many couples, it’s a relatively affordable process.

When you weigh this against the potential cost of a future financial claim, it’s a very worthwhile investment.

Can you get a consent order without a solicitor?

While it’s technically possible to draft a consent order yourself, it’s strongly advisable to use a solicitor. The wording of the order needs to be precise, and any mistakes or omissions could leave gaps that cause problems later on.

A solicitor specialising in family law will ensure that the order covers everything it needs to and that it’s drafted in a way the court can approve.

The bottom line

If you’re getting a divorce, don’t stop there. It’s important to resolve your finances too and ensure that any financial claims arising from your marriage are properly dealt with.