What is a financial remedy order and do you need one for divorce?

A financial remedy order is a legally binding order from the court that sets out how a couple will divide their finances after divorce.

There are two types: a consent order (for couples who've reached an agreement) and a financial order (for couples who need the court to decide). Everyone going through divorce in England and Wales will need one.

Sorting out your finances is one of the most important parts of getting divorced – and one of the most misunderstood. If you've started your divorce application on GOV.UK, you may have already come across the term 'financial remedy'.

This article explains what a financial remedy order is, the difference between a consent order and a financial order and why you need one when you get divorced.

What is a financial remedy order?

On the divorce application on GOV.UK, 'financial remedy' is the term used for resolving money and property when you separate or divorce.

A financial remedy order outlines how you and your ex-partner will divide your finances. It can deal with:

• Property and the family home
• Savings and investments
• Pensions
• Debts
• Spousal maintenance
• Financial arrangements connected to children

There are two types of financial remedy order. Which one applies to you depends on whether you and your ex-partner are able to reach an agreement together.

For couples who've agreed: the relevant type of financial remedy is a consent order

For couples who need the court to decide: the relevant type of financial remedy is a financial order

Why do you need a financial remedy order in divorce?

When you get divorced, it is important to formally deal with the financial side of the relationship so that both of you can move forward with certainty and financial security.

A divorce itself does not automatically end the financial relationship between you. Without a financial remedy order, your ex-partner could still make a claim against your money, property or other assets in the future, even years after the divorce has been finalised.

A financial remedy order makes the financial agreement legally binding. It gives both of you clarity about what has been agreed and means the terms can be enforced if one person does not keep to them.

What's the difference between a financial order and a consent order?

What is a financial order?

A financial order is a legally binding document that outlines the decision made by the court on how you’ll divide your finances during divorce. Once it’s made, that decision is final – you’ll both need to stick to it.

That’s why we always encourage couples to consider whether they could divorce amicably, come to a mutual agreement and get a consent order instead. It puts you in control of the outcome, rather than leaving it to a judge.

What is a consent order?

A consent order is a legally binding document that outlines your agreement on how you’ll divide your finances.

It’s drafted to reflect what you've both agreed, then submitted to the court to be approved by a judge. If the judge doesn't approve it, you may need to make changes and resubmit.

A consent order is important because it’s legally enforceable. Without one, your ex-partner could make a financial claim against you in the future – even if you've both moved on.

Learn more about consent orders here.

Whether you get a financial order from the court, or reach an agreement together and get a consent order, what matters is that your finances are formally resolved – giving you both clarity and peace of mind as you move forward.

If you're going through divorce and need help sorting your finances, amicable's Divorce Specialists are here to help. Book a free 15-minute consultation to find out which financial remedy is right for you.

You can also read more about how to reach a financial agreement or learn what to expect on your first call with an amicable Divorce Specialist.

FAQs about financial remedy orders

Do I need a financial remedy order if my ex and I agree on everything?

Yes. Even if you've agreed on how to divide your finances, that agreement isn't legally binding until it's been approved by the court as a consent order. Without one, either of you could make a financial claim in the future. Getting a consent order protects you both.

Is my divorce legally binding without a consent order?

Your divorce itself can be finalised without a consent order – but your financial ties will remain open. That means your ex-partner could still make claims against your assets, savings or pension in the future. A consent order ends that financial relationship for good.

What's the difference between a financial order and a consent order?

A consent order reflects an agreement you've both reached. A financial order is made by the court when you can't agree. Both are legally binding, but a consent order gives you more control over the outcome.

How long does it take to get a consent order?

The timeline varies, but once your agreement has been drafted and submitted to the court, approval typically takes a number of weeks. At amicable, our team can help you reach a fair, court-ready agreement and get your consent order sorted as part of our service.

What happens if I don't get a financial remedy order?

Without a financial remedy order, your financial relationship with your ex-partner remains open – even after your divorce is finalised. Either of you could make a claim against the other's assets, income or pension at any point in the future. It's one of the most important steps you can take to protect yourself financially.