When a couple decides to divorce, they often reach informal agreements about how to divide their finances. But what happens if one person changes their mind later?
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 document that reflects an agreement reached between couples undergoing divorce proceedings.
These detail the agreed allocation of any assets, property, income and pensions, in addition to any applicable maintenance payments, legally severing any financial ties between divorcing couples.
The order will also include a section that prohibits either party from making a financial claim against the other in the future.
It is a document sealed by the court that will make an agreement legally binding and therefore enforceable in a family court.
A consent order protects both parties against potential claims against the other’s finances (including inheritances) in the future.
Who is a consent order suitable for?
A consent order is suitable for couples who have started their own divorce proceedings and have reached an agreement in principle but would like a legally binding agreement in place to protect both parties.
Even though you may have reached an amicable agreement on how your financial assets will be divided, it is vital that this is confirmed in the document to prevent any party from issuing a claim in the years after divorce.
What are the benefits of getting a consent order?
Reaching an amicable agreement is always the preferred outcome in any divorce, but it is important to know that any agreement made today will not protect you now or in the future if it is not approved by a judge.
A consent order provides important benefits for both parties:
It prevents future claims – Once an order is approved by a judge, you are protected against any claims. This enables you to move on and start your new life free from the worry of future claims and their financial implications.
It ensures compliance – An agreement will not provide you with protection should your ex-spouse decide to no longer comply. A consent agreement gives the court the power to enforce an agreement that has been breached.
It gives peace of mind – A consent agreement 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 order reduces the risk of future disputes.
What Can a Consent Order Include?
These documents 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. This 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: They 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: These orders do not cover child arrangements like contact or residence.
Types of Consent Orders
There are two main types of financial orders:
- Standard Consent Order – Used to divide assets, settle debts, and agree on spousal maintenance
- 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.
Do we need a consent order or clean break?
The prospect of a completely ‘clean break’ from a spouse certainly has its merits. But this isn’t always possible, particularly in the case of a divorce that involves financial ties, children or property assets.
And this is why we strongly recommend getting a consent order to create the clean financial break you desire.
This will make the division of assets fair and protect both parties against future claims.
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 Document
– By a solicitor or using a trusted online service like Express Divorce.
Step 3: Complete Court Forms
– Form A (notice of intention), Statement of Information Form D81, 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 to apply for a consent order
To apply for a consent order, there must be existing divorce proceedings for which the court has given a case number.
For divorces issued prior to April 2022, these can be granted after the decree nisi has been pronounced.
If a divorce is issued after April 2022, then these can be granted if the conditional order stage has been reached, which can be applied for 20 weeks after the initial proceedings.
Find out how our online consent order service works.
How Long Does It Take and How Much Does It Cost?
Consent orders can be applied for at any time during a divorce case.
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.
How much does a consent order cost?
Many of our clients have started their own divorce proceedings and now want a legally binding agreement.
Others have already instructed a lawyer but have been put off by the costs of their solicitor preparing a consent order and so choose Express Divorce to handle the consent order separately.
And some of our clients instruct us to handle their managed divorce and their consent order. (In which case, we recommend you consider our combined managed divorce and consent order service.
The cost of our consent order is just £249, which represents a saving of approximately £150.00 when compared to other online providers and between £1200.00 and £1500.00 when compared to high-street solicitors’ fees.
Express Divorce can guarantee you will save between £1000.00 and £1500.00 on traditional solicitors’ fees if we draft your agreed Consent Order online.
Your consent order will be drafted by a qualified lawyer and you get free advice and help via email along with a 7-day money back guarantee.
More key facts about consent orders
[sp_easyaccordion id=”3009″]
FAQs About Consent Orders
Yes. Without a court order, your agreement isn’t legally binding.
Yes, any time after the conditional order (formerly decree nisi).
Yes, if it’s unfair or unclear.
Only in exceptional cases (fraud, nondisclosure, major life changes).
Not legally, but professional drafting increases acceptance chances.
It cannot proceed. You would need a contested financial remedy application.
£60 court fee, plus optional legal drafting service (e.g. Express Divorce).
