Consent Orders: Making Your Divorce Agreement Binding

Many people are surprised to learn that reaching a financial agreement, and even getting divorced, does not by itself make that agreement legally binding. For that, you need a consent order. This guide explains what a consent order is, why it matters so much, what it costs, and how mediation leads naturally to one.

What is a consent order?

A consent order is a legal document, approved by a family court judge, that records the financial agreement you have reached with your former spouse and makes it legally binding. It can cover the family home, savings, pensions, debts and any ongoing maintenance. Once a judge seals it, it is enforceable, and it closes the door on future claims between you.

Why divorce alone is not enough

This is the crucial point that catches people out. Getting divorced ends your marriage, but it does not end your financial ties. Without a consent order, your former spouse can, in principle, make a financial claim against you years or even decades later, including against assets, income or windfalls you acquire long after the divorce. This is not just theory. In one well-known case, a woman successfully brought a financial claim against her former husband many years after their divorce, because no financial order had ever been made. Cases like this are exactly why a consent order matters: it gives both of you certainty and protection.

What is a clean break?

A clean break consent order goes a step further. It ends all future financial claims between you, on both sides, so neither can come back later for maintenance, a share of future assets, or anything else. For many separating couples, particularly where there are no ongoing maintenance needs, a clean break is the preferred outcome because it lets both people move on completely. Where ongoing spousal maintenance is being paid, a full clean break may not be possible straight away.

What does a consent order cost?

There are two elements. The court fee for a consent order is currently £60, paid to the court when you apply. Separately, you will usually pay a solicitor or specialist to draft the order properly, and that cost varies depending on complexity. The important thing to understand is that the modest court fee buys valuable, lasting protection, well worth it against the risk of a future claim.

What the court checks

The judge does not simply rubber-stamp whatever you submit. They review the proposed terms to make sure the agreement is broadly fair, considering the factors set out in section 25 of the Matrimonial Causes Act 1973, such as the needs of any children, each person’s financial position, and the length of the marriage. You will both complete a statement of information (Form D81) setting out your finances. If the judge thinks the agreement is unfair, they can ask you to change it. In most cases there is no hearing to attend.

Timing

There is a sequence to follow. A consent order can be submitted once you have your conditional order in the divorce, but it only takes legal effect after the final order. It is generally wise to deal with finances before the final order is granted, particularly where pensions are involved, as finalising the divorce first can occasionally have unintended financial consequences. Your solicitor can advise on timing.

How mediation leads to a consent order

Mediation and consent orders fit together naturally. In mediation, you and your former spouse work out a fair financial agreement together, on the basis of full disclosure, with the help of an impartial mediator. At the end, the mediator records what you have agreed in a Memorandum of Understanding, and where finances are involved, an Open Financial Statement setting out the disclosure made. Those documents then give a solicitor everything they need to draft your consent order for the court to approve. Because you reached the agreement yourselves through mediation, rather than fighting it out, the process is usually far quicker, cheaper and less stressful than contested court proceedings, and the resulting order reflects what you both actually want.

The bottom line

If your separation involves any finances or property, do not stop at an informal agreement, however amicable things are. Reaching agreement in mediation and then having it made binding through a consent order is the combination that gives you both real protection and a genuine fresh start.

This article is general information about family law in England and Wales and is not legal advice. A consent order should be drafted by a qualified professional; please take legal advice on your own circumstances.