When you and your ex-partner agree how to divide your finances, a consent order makes that agreement legally binding. Without one, either of you could make a financial claim against the other in future, even years after the divorce. This guide explains how the process works in England and Wales.
What is a consent order?
A consent order is a court order that records how you will divide your money, property and pensions. Once a judge approves it, it is legally binding and can be enforced if either person does not keep to it.
A consent order can include:
- What happens to the family home
- How savings, investments and debts are divided
- Pension sharing
- Spousal maintenance, and when it ends
- A clean break, which stops either of you making future financial claims against the other
Step 1: Reach an agreement
First, you need to agree how your finances will be divided. Many couples do this through financial mediation, where you each share full financial disclosure in an Open Financial Statement and a mediator helps you work through the options. Your agreement is then written up in a Memorandum of Understanding.
It is wise for each of you to take independent legal advice before you finalise the agreement, particularly where pensions, a business or significant assets are involved.
Step 2: Have the consent order drafted
A solicitor turns your agreement into a draft consent order, using the precise wording the court expects. You can draft it yourself, but mistakes can make the order unclear or unenforceable, so most people use a solicitor. Ark’s fixed-fee legal package covers this through a partner law firm.
Step 3: Reach the conditional order stage
The court can only approve a consent order once your divorce has reached the conditional order stage (formerly called the decree nisi). Under the no-fault divorce system, you can apply for the conditional order 20 weeks after the divorce application is issued.
Step 4: Submit the consent order
The draft order is sent to the court, usually through the online portal, with a statement of information (Form D81) summarising both your finances. Both of you sign it to confirm you agree. The court fee is £60.
Step 5: The judge reviews it
A judge checks that the agreement is broadly fair and that each of you has given enough information. Most consent orders are approved on paper, without a hearing. If the judge has concerns, they may ask questions or suggest changes.
Step 6: Apply for your final order
Once the consent order is approved, you can apply for the final order (formerly the decree absolute), which legally ends the marriage. It is usually best to have the consent order approved first, because applying for the final order before your finances are settled can affect pension and other rights.
Why a consent order matters
- Legal certainty: your agreement becomes binding and enforceable.
- Future protection: a clean break stops claims years later, for example against an inheritance or a business.
- Clarity: you both know exactly who is responsible for what.
Need help reaching an agreement?
Mediation is often the quickest and most affordable way to agree your finances before a consent order is drafted. Book a free 10-minute call or call 0330 043 6360 to talk it through.
