What is a consent order?

A consent order is a legal document and a type of court order that formalizes the agreement reached between parties during divorce or dissolution. It sets out the terms of your financial settlement and is approved by the family court to ensure it is fair, reasonable and legally binding.

While you don’t need a solicitor to draft or write up your consent order, you do need someone who understands the legal process and has experience in drafting the consent order form.

The process involves preparing a draft order, which must be submitted to the family court for approval. The court will review the draft order to ensure the terms are fair and reasonable before approving it. The court will not draft the order for you; you must present a draft order for the judge to review. Full disclosure of financial information is a legal requirement for the court to approve the order.

A financial consent order details how you’re going to sort out your finances post-separation, outlining how you’ll separate or allocate any assets, debts, pensions, and income once you’re separated.

Consent orders are legally binding, meaning they will protect you both if anyone tries to change their mind or make a claim in the future.

Why do I need a consent order?

There is no strict legal requirement to have a consent order, but it is highly advisable if you want to make your financial arrangements after divorce legally binding and to end all future claims.

A separation agreement can outline the terms and arrangements during your separation, but only a consent order can prevent future financial claims from your former spouse. Without a consent order, financial claims remain open and your former spouse could bring an application in the future if circumstances change.

How much does a consent order cost?

The court fee for applying for a financial consent order in England and Wales is currently £60. Please note that costs and regulations can change over time and the consent order fee may change in the future.

To make sure you have the latest information, visit the government website or speak to one of our Divorce Specialists.

What is a clean break in a consent order?

You will find a ‘clean break clause’ in a financial consent order form. A clean break is a type of court order that can be made immediately or deferred until a future date, depending on the circumstances of the parties involved. This court order prevents any future money or assets that you may earn or receive (such as pensions, inheritance, lottery wins or earnings) from being claimed by your ex.

Most people are surprised to learn that a divorce or dissolution doesn’t end the financial ties you have with your ex. So, if you don’t get a consent order for divorce or dissolution, your ex can still make financial claims against you (and vice versa) in the future, even after many years have passed.

How to apply for a consent order

Step one: What information is needed to complete consent order forms?

There isn’t one singular consent order form, because there are several parts to a consent order application. Here are the key documents you need to send to court with your consent order.

Statement of information for a consent order (Form D81)

First, you will need to complete a Form D81 statement of information – this is a snapshot of your current financial position. You are required to provide full disclosure of all your financial information, including a summary of the value of:

• your assets (e.g. properties, vehicles, business assets and bank accounts)
• your debts (loans, credit cards etc)
• your pensions (even if you have agreed to leave each other’s pensions you will need to provide a CETV – Cash Equivalent Transfer Value for each pension you hold)
• your income from all sources (including any maintenance, benefits, or rental income you receive). Full disclosure is a legal requirement for the court to consider and approve the consent order, ensuring transparency and fairness in your financial agreement.

Learn more about CETVs and pensions here.

If you’re confused about filling out the D81 Form, you can book a free 15-minute consultation and we can help.

Draft consent order

The other document you will need to submit is the consent order itself. This isn’t a document you can prepare yourself, it should be properly drafted by a specialist as it will need to include certain legal language. We can help you draft your consent order.

The consent order sets out what you would like to happen to your finances when you divorce. It may include what will happen to property, assets, debts, and pensions. Child and spousal maintenance - along with lump sums that’ll be transferred between you - will also need to be recorded. Consent orders also set out a timetable for when payments will be made, or when assets will be transferred.

It’s always a good idea to include the rationale for how you’ve decided to split things so that the judge understands what you are seeking to achieve and can check that is fair and achievable from what is set out in the consent order. This can be added to a Form D81.

You will also need to fill out Form A (an administrative document that allows you to apply for consent order approval) and if you are sharing a pension, then you will also need to complete a pension sharing annex or P1 form.

Step Two: Who decides whether your consent order is fair?

A family judge will review your consent order and decide if the agreement is fair.

When a consent order is submitted, the court will review the agreement to ensure that the terms are fair and reasonable. The court will usually approve an agreement if it meets these criteria, making the consent order legally binding and enforceable.

The law does not currently have an absolute standard for dividing assets. However, the starting point when dividing assets in divorce is a 50/50 split. But if one of you has a greater need, for example you are housing the children or earning a lot less, then the split may differ.

What does the court look at when deciding what’s fair?

Children

The court’s primary concern is the welfare of your children. Children consent orders are a specific type of consent order that address child arrangements, access, and child maintenance. Consent orders are commonly used to establish child arrangements as part of the overall financial and family settlement, and can include provisions for ongoing payments such as spousal maintenance and child maintenance.

Some examples of what a judge takes into consideration when deciding whether your consent order is fair are: where your children will live/who your children will live with, their age, mental and physical health, and their educational costs.

Need

A judge may consider whether one of you has a greater need than the other and therefore should get more than half the assets. This could include whether one of you needs ongoing support, or spousal maintenance. This can mean a departure from an even 50/50 split.

Income and earning capacity

If one of you has stayed at home to raise the children, your earning capacity may be reduced as a result, and you may need a greater share of the assets, especially if you cannot raise a mortgage or are struggling to pay rent.

As another example, one of you may have lost your job. In this case, the court may consider how likely it is that you will find another job at a similar level of salary, and make adjustments accordingly.

Current and potential assets

The judge will consider whether you have split your property and assets in a fair way. This includes assets that are held in sole names and/or were purchased prior to the marriage.

Age and health

Pensions become more important the nearer to the retirement age you are. Age, as well as any long-term health issues, may affect your earning capacity and housing needs. A judge will consider whether you have come to a fair arrangement for both of you in retirement and whether splitting pensions equally is fair if you are of different ages.

Length of marriage

In shorter marriages, ‘fair’ is more likely to mean taking out what you put in, i.e. what you brought to the marriage or civil partnership. Most people agree a marriage of less than two years is likely to lead to this kind of settlement. However, if you have children, the needs of the children will always be prioritised over the length of the marriage.

Contributions made

The law considers financial contributions as equal to those of homemaking (time spent looking after the family). Marriage is a partnership of equals, and the law seeks to distribute assets in a way that recognizes this. So, a smaller financial contribution doesn’t necessarily mean less of the assets when it comes to divorce.

Step Three: How long does a consent order take?

The timescale for a consent order depends on how organised both of you are in gathering your financial information and negotiating a settlement.

Once your application is submitted, it can take between four and ten weeks for a consent order to be approved by the court, depending on the court's workload.

Step Four: How long is a consent order valid for?

Once a consent order has been signed off by a judge, a sealed order is issued, making it final and very difficult to change. This means it is legally binding, so it can’t be broken and can’t be changed unless you apply to the court for an amendment.

If both parties agree to make changes, the consent order can be amended by re-drafting and re-submitting it for court approval. If you have a spousal maintenance order, this can be altered due to a change of circumstance.

What is financial disclosure and why is it necessary for a consent order?

Financial disclosure is the term used for providing the court with a snapshot of your current financial position. Full financial disclosure is a legal requirement for the court to approve a consent order. This means you must provide complete and accurate details of all your individual and collective assets, debts, pensions, and incomes to ensure transparency and fairness.

The court needs to know all your financial information to judge whether the agreement you have reached is fair. It is not possible to get a consent order without full financial disclosure. We have a guide on financial disclosure during divorce if you would like to learn more about this.

There are various forms for disclosing your finances and they usually differ based on which route you have chosen to go down: Form E is the document traditionally used by solicitors and mediators. Most solicitors will have an electronic version of this form. If you are using the court route, this is the form you will need to complete and exchange with your ex before you have a hearing to discuss your financial settlement.

If you are using amicable, you can collect all your financial disclosure information in our easy-to-use divorce portal.

All applications to the court must have a Form D81. When you sign a D81 court form, you are signing to say you have disclosed your assets fully to your partner and vice versa. You do not need to attach any evidence of your financial information to this form.

Do you need a solicitor to write or check your consent order for you?

You do not need a solicitor to write or check your consent order , but if you require assistance with the process, you can seek help from a specialist to ensure your consent order meets legal standards and is enforceable.

Can you get a consent order without a divorce or dissolution?

No you can’t, you can only apply for a consent order after the conditional order has been granted in your divorce proceedings. It usually takes around 30 weeks to get to the conditional order stage of the process.

Read more about the divorce process.

What happens if a consent order is breached?

As we’ve mentioned, a consent order is a legally binding document. You and your ex-partner must both follow what it says. If one of you doesn't do what you agreed - like not transferring money, missing child maintenance payments, or not sticking to the timetable - you can take action to make them follow the order.

If someone breaks the order, you should try talking to them first if you can. But if that doesn't work, you can ask the court to help. You'll need to fill in Form D11. The court will look at what's happened and tell the person who broke the order to follow it. Sometimes the court can fine them. In really serious cases, they might even go to prison if they keep breaking it.

It's important to get legal help if you think your ex-partner has broken the consent order. A legal expert can guide you through the court process. They'll help you understand what you can do and make sure you fill in your application properly.

Sometimes things will have changed since you made your agreement. Maybe someone's income has changed, or their health, or where they live. If this happens, the court might agree to change the order. You'd need a new court hearing where they look at everyone's money situation again. They'll think about what's best for the children too. A well-written consent order helps stop arguments later. Make sure it's clear about money, child maintenance, pensions, and future claims.

The court always wants to make sure the consent order is fair. They'll protect the children's best interests above all. If someone breaks the order and it affects the children or their maintenance, the court takes this seriously. They'll focus on these issues first when enforcing the order.

Consent orders can give you peace of mind once your divorce is finalised. Get in touch with us today if you’d like to discuss getting a consent order

FAQs about consent orders

Can a judge change a consent order if they disagree with it?

A judge can respond with their queries which you may need to address for the consent order to be granted.

Do both parties need a solicitor for a consent order?

You don't need a solicitor to write up your consent order, but you do need someone who understands the legal process and has experience in drafting consent orders. This is where amicable can help.

Can I draft my own consent order?

Yes, you can draft your own consent order. However, it's important to understand that legal documents can be complex. It's advisable that you discuss your consent order with a solicitor or even ask your solicitor to draft the consent order for you to ensure that your consent order accurately reflects your intentions and protects your rights and interests.

How long does a consent order take to be approved?

The time it takes for a consent order to be approved can range from a few days to several weeks or even months, depending on the court's workload, the complexity of the case, and any potential revisions or clarifications required.