Or if unexpected issues arise down the line? That’s where a consent order comes in — a vital legal tool that turns informal agreements into enforceable, court-approved decisions.
In this blog, we’ll explore what a consent order is, how it works, and why it matters — even if you and your ex are amicable and already agree on “who gets what”.
Table of Contents
What Is a Consent Order?
A consent order is a legally binding agreement between divorcing spouses (or civil partners) that sets out how their finances will be dealt with after the relationship ends.
Once approved by a judge, it becomes enforceable by law, meaning both parties must stick to its terms.
Consent orders can cover everything from property and pensions to savings, debts, and ongoing maintenance.
Whilst these orders are often associated with divorce, they can also be used after a civil partnership dissolution.
Importantly, you do not need to go to court in person. Most consent orders are approved without a hearing, provided the agreement is fair and all paperwork is properly completed.
Why Do I Need a Consent Order?
You might think, “We’ve already agreed, so why bother with a court order?”
Unfortunately, without a consent order, your financial agreement has no legal force.
Here’s why that matters:
It prevents future claims – Without a consent order, your ex could make a claim for money, property, or pensions years after the divorce.
It gives peace of mind – A consent order makes informal agreements enforceable.
It can include ongoing financial support – Voluntary child maintenance or spousal maintenance can be formally recorded.
It protects both parties – A fair consent order reduces the risk of future disputes.
What Can a Consent Order Include?
A consent order typically covers all key financial aspects of a divorce:
Property: The order can state who will remain living in the family home, whether the property will be transferred to one party, or if it will be sold and the proceeds divided. It can also cover any other properties owned by the couple, such as buy-to-let investments or holiday homes.
Savings and Investments: It will outline how savings accounts, premium bonds, stocks, shares, and other investments are to be split between the parties. This can include any joint accounts, as well as individually held assets accumulated during the marriage.
Pensions: The division of pensions can be a significant part of a financial settlement. A consent order can include a pension sharing order (splitting the pension pot between the parties) or a pension attachment order (where one party receives income from the other’s pension when it is paid out).
Debts: A consent order can specify who is responsible for paying off debts such as credit cards, personal loans, or mortgage shortfalls. It provides clarity over liabilities and helps prevent future disagreements over unpaid debts.
Spousal Maintenance: The agreement may include provisions for spousal maintenance if one party requires financial support from the other after the divorce. It will set out how much will be paid, how often, and for how long the payments will continue.
Voluntary Child Maintenance: Although child maintenance is often arranged separately through the Child Maintenance Service, voluntary agreements can be included in a consent order. This can show good faith and commitment to the child’s welfare, covering agreed financial support for their upbringing.
Note: Consent orders do not cover child arrangements like contact or residence.
Types of Consent Orders
There are two main types of financial consent orders:
1. Standard Consent Order – Used to divide assets, settle debts, and agree on spousal maintenance.
2. Clean Break Consent Order – Ends financial ties completely when there are no ongoing financial obligations.
Even with a clean break, child maintenance can still be paid informally or via the Child Maintenance Service.
How to Get a Consent Order
You don’t need to go to court or hire a solicitor, but having a legally sound order is essential.
Step 1: Reach an Agreement
– DIY, mediation, or with legal advice.
Step 2: Draft the Consent Order
– By a solicitor or using a trusted online service like Express Divorce.
Step 3: Complete Court Forms
– Form A (notice of intention), Form D81 (Statement of Information), the draft order, and any supporting documents.
Step 4: Submit to the Court
– Applications can be made online or by post. Most are approved without a hearing.
How Long Does It Take and How Much Does It Cost?
Timeframe:
Once the consent order has been drafted, signed by both parties, and submitted to the court alongside the necessary application forms, it usually takes between 6 to 8 weeks for the court to review and approve the order.
However, this timeframe can vary depending on the court’s workload and whether the judge requires any further clarification or amendments.
In straightforward cases where the agreement is clear and fair, approval can sometimes be quicker.
Court Fee:
£60 (as of 2025) for a financial consent order.
This is a standard fee payable directly to the court at the time of submission.
It covers the administrative costs of processing and reviewing the application. It’s important to note that this fee is separate from any legal advice or drafting services you may use.
Legal Costs:
The cost of drafting and filing a consent order can vary widely depending on whether you use a solicitor, a specialist service, or an online provider.
Traditional solicitor fees can often be higher, especially if complex negotiations are involved. In contrast, online services like Express Divorce offer fixed-fee packages designed to keep the process straightforward, transparent, and affordable.
Our packages include drafting the consent order, guiding you through the process, and ensuring there are no hidden costs or unexpected extras.
FAQs About Consent Orders
Do I need a consent order if we’ve already agreed on everything?
Yes. Without a court order, your agreement isn’t legally binding.
Can I get a consent order after the divorce is final?
Yes, any time after the conditional order (formerly decree nisi).
Can a judge reject a consent order?
Yes, if it’s unfair or unclear.
Can a consent order be changed later?
Only in exceptional cases (fraud, nondisclosure, major life changes).
Do I need a solicitor to draft a consent order?
Not legally, but professional drafting increases acceptance chances.
What happens if one party refuses to sign the consent order?
It cannot proceed. You would need a contested financial remedy application.
What are the costs involved in getting a consent order?
£60 court fee, plus optional legal drafting service (e.g. Express Divorce).
Conclusion: Protect Your Financial Future
A consent order isn’t just a formality — it’s legal protection. It prevents future claims, provides closure, and ensures financial clarity.
Whether dividing property or arranging maintenance, a consent order is the final step in making your divorce legally complete.
📣 Ready to protect your agreement?
At Express Divorce, we help couples turn informal agreements into binding consent orders — quickly, affordably, and entirely online.
👉 Learn more about our fixed-fee consent order service or start your application today.