This guide is maintained as a current resource for July 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Explore what a consent order is in divorce proceedings in England and Wales, how it makes financial agreements legally binding, the court process for approval, and common considerations to finalise property, maintenance, pensions and other financial arrangements.
A consent order is a key legal mechanism in family law in England and Wales that converts a negotiated financial agreement into a binding court order. While divorce or dissolution proceedings legally end a marriage or civil partnership, they do not automatically settle all financial issues such as property division, pension sharing, maintenance or capital. Without a consent order, formal financial rights between former spouses remain “open”, meaning either party could bring claims in the future. This article explains what consent orders are, how they work, when and why they are used, the legal process for obtaining one, practical considerations and common questions. Its aim is to make a potentially complex area of law accessible to both non‑experts and solicitors.
What Is a Consent Order?
A consent order is a legally enforceable document drafted by the parties (or their solicitors) and approved by a family court judge. It records the terms agreed between spouses or civil partners about financial arrangements arising from their separation or divorce and makes those terms legally binding. Once sealed by the court, a consent order becomes enforceable in the same way as any court order.
Consent orders typically cover arrangements about:
- Division of property, savings, investments and other assets
- Pensions, including pension sharing orders
- Maintenance payments (spousal or child maintenance)
- Lump sum settlements or phased payments
- Clean break provisions to prevent future claims
Without a consent order, even an amicable financial agreement between former partners is not enforceable in court and leaves open the possibility of future claims.
Why a Consent Order Matters
Finalising Financial Claims
Divorce proceedings by themselves do not settle financial issues; the final order (formerly decree absolute) only ends the marriage or civil partnership, not financial obligations. Unless a consent order is approved, either party can apply to the court for financial remedies at any time after divorce, potentially many years later. A consent order brings finality by recording that the parties have settled financial matters and prevents further financial claims barring very limited exceptions.
Enforcement and Certainty
Once sealed by the court, a consent order can be enforced if one party fails to comply with agreed terms. For example, if spousal maintenance or lump sum payments are not made as ordered, the other party can return to court for enforcement. This legal protection gives both parties certainty and reduces the risk of costly future disputes.
When to Apply for a Consent Order
A consent order can be applied for at several points once financial settlement discussions have taken place:
- After the conditional order (formerly decree nisi) in divorce proceedings. The court will not approve a consent order before this stage.
- Before the final order (formerly decree absolute). Applying before the final order means the consent order will take effect as soon as the divorce is finalised.
- At any time after divorce, including well after the marriage has ended, so long as both parties agree to the terms and proper procedures are followed.
It is generally advisable to sort out and apply for a consent order before the final order to protect financial rights and avoid unintended liabilities.
The Legal Process for Obtaining a Consent Order
Reaching an Agreement
The first step is for both parties to reach a comprehensive agreement about their financial arrangements. This may follow negotiation between solicitors, mediation, or informal discussion. The agreement should address all key financial issues including property, pensions, maintenance and any other shared assets.
Preparing the Draft Consent Order
Once agreement is reached, the terms are drafted into a draft consent order. A solicitor - usually a family law solicitor - typically prepares this to ensure precise legal wording and completeness. The draft must reflect the full financial picture and the intentions of both parties.
Financial Disclosure
Both parties must provide full and frank disclosure of their financial circumstances. This is done via a Statement of Information (often Form D81) detailing assets, income, debts and pensions. The court uses this disclosure to assess whether the terms of the consent order are fair and just in the context of each party's financial position.
Submission to the Court
The draft consent order, along with the Statement of Information and the required court fee (currently £60), is submitted to the family court. One copy of the draft must include a statement signed by the respondent (the other spouse) signifying agreement to the terms.
Judicial Review
A judge reviews the submitted documents to ensure the agreement is fair, reasonable and free from undue pressure on either party. In most straightforward cases, a hearing is not necessary and approval is given administratively. If the judge has concerns, they may request clarification or invite the parties to a hearing.
Court Approval and Sealing
If the judge is satisfied, the court seals the consent order and it becomes legally binding. Both parties and their solicitors receive copies of the sealed order.
Practical Considerations
Timing and Court Backlogs
Consent orders are usually processed within a few weeks to a couple of months; straightforward applications can sometimes be approved within three to five weeks, though court workloads can extend this timeline.
Cost and Legal Advice
While not legally required, obtaining independent legal advice is strongly recommended. Solicitors can help ensure the draft consent order accurately reflects the parties' intentions and protects their rights. Legal costs vary depending on case complexity but typically fall within a range that reflects drafting, disclosure review, negotiation and submission work.
Risks of Informal Agreements
Informal financial agreements - such as private handwritten terms - are not legally binding without a consent order. If one party fails to honour the informal terms, the other may need to return to court to resolve disputes, which can be costly and time‑consuming.
Common Questions
Can a consent order be varied after it is sealed?
Generally, once sealed and made binding by the court, a consent order cannot be varied unless both parties agree to amend it and reapply. There are limited exceptions where circumstances change dramatically, but these are unusual.
Does a consent order include child maintenance?
A financial consent order primarily deals with financial matters between spouses. While it may reference child maintenance arrangements, statutory child maintenance is often governed separately under child maintenance legislation and may not be fully resolved within a consent order.
Can I get a consent order after divorce?
Yes. A consent order can be applied for after the divorce has been finalised, provided both parties agree to the terms and comply with the procedural requirements for submission.
Key Takeaways
A consent order is a crucial legal instrument used in divorce and separation proceedings in England and Wales to finalise financial agreements between former spouses or civil partners. It turns a private agreement on property division, maintenance, pensions and other financial matters into a legally binding and enforceable court order, preventing future claims and providing certainty. Obtaining a consent order involves drafting an agreed document, making full financial disclosure, and submitting it with supporting forms to the family court. Judges review each application to ensure fairness before sealing the order. With proper preparation and legal advice, a consent order helps secure financial rights and prevent costly disputes long after the marriage or civil partnership has ended.
