A plain English explanation of financial consent orders in divorce, why an informal agreement on money is not enough, and how to make a financial settlement legally binding.
A consent order is a legal document, approved by the court, that sets out what you and your spouse have agreed about money, property, and pensions following a divorce. It turns an informal agreement into something legally binding and enforceable once approved by the court. If you've reached agreement on finances but never had it approved as a consent order, that agreement is not legally enforceable, and either person could later try to make a different claim.
Reaching agreement with your spouse, whether directly or through mediation, is a real achievement, but it doesn't, by itself, close off future financial claims. Without a consent order approved by the court, your former spouse could in principle bring a financial claim against you later, even years after the divorce, regardless of what was informally agreed at the time. A consent order is what makes the agreement final and protects both of you from future claims.
Not automatically. The judge needs to be satisfied the proposed order is fair, reflecting the circumstances of the case, including each person's needs, any children involved, and the overall financial position. If the judge has concerns, they may ask for more information or, occasionally, decline to approve the order as drafted. This is one reason it's worth being thorough and accurate in what you submit.
Yes, this is common practice. Many people apply for the consent order once the conditional order has been made, and address it before applying for the final order, since timing your final order before finances are settled can affect certain protections, covered in our guide to the final order.
If you reach an informal agreement but never have it approved by the court, the agreement carries no legal weight on its own. Either person could later depart from it or bring a separate financial claim. This is a frequent and avoidable source of difficulty, particularly for people who assumed a written agreement between themselves was enough.
Not quite, though they're related. A consent order is the general mechanism for getting any agreed financial arrangement approved by the court. A clean break order is a specific type of outcome within that, where both parties agree to end all future financial claims against each other entirely. The difference is covered in more detail in our guide on what a clean break is and how it differs from a consent order.
Going through this without a solicitor is difficult, particularly when getting the wording and detail of a financial agreement right matters so much. Access to Justice is a tool built for people in exactly this position, it explains what is happening at each stage and helps you understand what the order needs to cover. Try it free.
If my ex and I have a written agreement, isn't that enough?
No, a written agreement between yourselves, even if both signed it, is not legally binding unless it's been submitted to and approved by the court as a consent order. Without that step, either person could later depart from it with no legal consequence.
Do we need a solicitor to get a consent order?
It's not a strict legal requirement, but the document needs to be drafted correctly and the financial statement completed accurately for the court to approve it. Many people get help drafting it even if the underlying agreement was reached directly between themselves.
Will we need to attend a court hearing for a consent order?
Usually not. Most consent orders are reviewed and approved on paper by a judge without either party needing to attend in person, provided the order is clear and the judge has no outstanding concerns about fairness or missing financial information.
Can the court reject a consent order even if we both agree?
Yes, if the judge isn't satisfied the agreement is fair given the overall circumstances, they can ask for further information or decline to approve it as submitted. Mutual agreement doesn't guarantee automatic approval — the court still checks the outcome is fair.
When is the best time to apply for a consent order?
Many people apply once the conditional order has been made and before applying for the final order, since resolving finances before the marriage formally ends helps protect certain rights and avoids uncertainty once the marriage has legally come to an end.
Can a consent order be changed later?
Generally, once approved, a consent order is intended to be final, particularly where it includes a clean break. Certain elements, such as ongoing maintenance payments, can sometimes be varied later, but this depends heavily on what the order specifically says and the circumstances involved.
This article provides legal information about the divorce process in England and Wales. It does not constitute legal advice. For advice about your specific situation, speak to a qualified solicitor.
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