If you and your spouse have agreed how to split your finances during divorce, a consent order turns that agreement into a legally binding court order. Without one, your ex could potentially make financial claims against you years down the line, even after the divorce is finalised. This guide explains exactly what a consent order is, how to get one, what it costs, and why skipping it could be a costly mistake.
What Is a Consent Order in Divorce?
A consent order is a legal document that records the financial agreement you and your spouse have reached as part of your divorce. Once approved by a judge, it becomes a court order, which means both of you are legally bound by its terms.
People often assume that agreeing things between themselves is enough. Unfortunately, it is not. A verbal agreement, or even a written private agreement, does not prevent either party from making future financial claims through the courts. A consent order is the only way to achieve what solicitors call a clean break, closing the door on future claims permanently.
The order is submitted to the court for a judge to approve. The judge checks that the deal is fair and reasonable, but does not hold a hearing in most cases. You do not usually need to attend court in person.
Consent orders can cover a wide range of financial matters, including:
- How the family home is transferred or sold
- How savings, investments, and bank accounts are divided
- Pension sharing or pension attachment arrangements
- Whether maintenance payments will be made, and for how long
- A clean break clause, ending all future financial claims between you
It is worth noting that consent orders only apply in England and Wales. If you are divorcing in Scotland, the process is different. Scotland has its own legal system, and you would typically use a separation agreement or seek a financial order through the Scottish courts. You can read more in our complete guide to divorce in Scotland.
Why Do You Need a Consent Order?
Many divorcing couples believe that once the divorce certificate arrives, everything is settled. This is one of the most common and expensive misconceptions in family law.
Without a consent order, your financial ties to your ex-spouse remain open indefinitely. This means that even if you divorce today, your former partner could make a financial claim against you in five, ten, or even twenty years if their circumstances change. This can happen when one party comes into money through an inheritance, a business success, or a lottery win.
There are several very practical reasons to get a consent order in place:
- Legal protection: It is the only way to formally close off financial claims after divorce in England and Wales.
- Clarity for both parties: Everyone knows exactly what they are entitled to and what their obligations are.
- Enforceability: If one party does not comply with the agreed terms, the other can return to court to enforce the order.
- Peace of mind: You can move forward with your life without the uncertainty of potential future claims hanging over you.
The risk is particularly significant if either of you owns property, has a pension, runs a business, or expects to inherit money in the future. Even if you currently have very few assets, your financial position may change considerably over time.
Getting a consent order is not just for wealthy couples. Anyone with anything to protect, including future earnings and future assets, should seriously consider one.
What Does a Consent Order Cover?
A consent order can be tailored to your specific circumstances, but most orders deal with some combination of the following:
The family home
This is often the largest asset in a divorce. The consent order can specify that the property is sold and the proceeds divided in agreed proportions, that one spouse transfers their share to the other (sometimes in exchange for a payment), or that the sale is deferred until a later date, for example when children finish school.
Pensions
Pensions are frequently overlooked but are often one of the most valuable assets a couple has. A consent order can include a pension sharing order, which transfers a percentage of one spouse's pension to the other. It can also include a pension attachment order, though these are less common. Pensions require a separate annex document to be prepared and sent to the pension provider.
Savings and investments
Bank accounts, ISAs, shares, and other investments can all be addressed in the order, specifying how they are divided between the two of you.
Spousal maintenance
If one spouse needs ongoing financial support, the order can set out the amount, how often it is paid, and when it ends. A clean break order removes the need for ongoing maintenance entirely.
Other assets
This can include business interests, vehicles, jewellery, and any other significant property.
Use our free divorce financial calculator to get a clearer picture of how your assets might be divided before you start drafting your agreement.
How to Get a Consent Order: Step by Step
Getting a consent order involves a few key stages. Here is what the process looks like in England and Wales.
- Reach an agreement
You and your spouse need to agree on the financial terms before you can apply for a consent order. This can happen through direct negotiation, mediation, or with the help of solicitors. The court will not draft the agreement for you. - Prepare the documents
Two documents need to be prepared and submitted to the court. The first is the consent order itself, which sets out all the agreed terms in formal legal language. The second is a document called a D81 statement of information, which gives the court basic financial information about both of you so the judge can assess whether the agreement is fair. - Both parties sign
Both you and your spouse (or your solicitors on your behalf) must sign the consent order and the D81 before submission. - Submit to the court
The signed documents are sent to the court along with a fee. As of 2026, the court fee for a consent order is £53. - Judge reviews the order
A judge reviews the paperwork, usually without a hearing. If the judge is satisfied the agreement is fair, they approve and seal the order. If they have concerns, they may request more information or list a short hearing. - Receive the sealed order
Once approved, the court sends back a sealed (stamped) copy of the order. This is your legally binding document. Keep it somewhere safe.
The process typically takes six to twelve weeks from submission, though this can vary depending on court workload.
How Much Does a Consent Order Cost?
The cost of a consent order depends on how you go about getting one.
Court fee: The court fee is currently £53, payable when you submit the application. This applies whether you use a solicitor or do it yourself.
Solicitor fees: If you instruct a solicitor to draft and advise on your consent order, expect to pay significantly more. Solicitors in England and Wales typically charge £150 to £400 or more per hour, and drafting a consent order can take several hours of professional time. All-in legal costs for a consent order often range from £500 to £1,500 or more, depending on complexity.
Online and fixed-fee services: A number of services now offer fixed-fee consent order drafting, often at a fraction of traditional solicitor rates. These can be a good option where your finances are relatively straightforward and you have already reached agreement with your spouse.
DIY: It is technically possible to draft a consent order yourself, but the legal language needs to be precise. Errors or ambiguities can cause the order to be rejected by the judge, or worse, lead to disputes further down the line.
If you are weighing up your options, our guide on how much divorce costs in England and Wales gives a fuller breakdown of all the fees involved in the process.
At Clarity Guide, our plain-English divorce guide starts from just £37, and helps you understand every stage of the process so you can make informed decisions, whether you use a solicitor, a fixed-fee service, or manage things yourself.
Consent Orders and Clean Break Orders: What Is the Difference?
You will often hear the terms consent order and clean break order used alongside each other, and it is easy to get confused.
A consent order is the overarching document that records the financial settlement. It can include a range of provisions covering property, pensions, savings, and maintenance.
A clean break order is a specific type of provision that can be included within a consent order. Its purpose is to sever all financial ties between you and your spouse, ensuring that neither of you can make any further financial claims against the other in the future.
Not every consent order includes a clean break. For example, if one spouse is paying ongoing spousal maintenance, a full clean break may not be possible immediately. In that case, the order might include a deferred clean break, which takes effect when the maintenance payments end.
Where circumstances allow, a clean break is generally recommended. It gives both parties certainty and finality. Without a clean break clause, even a sealed consent order dealing with property and pensions may leave the door open to future maintenance claims.
Your consent order should be drafted carefully to reflect exactly what you and your spouse have agreed, and whether a full or deferred clean break is appropriate for your situation.
Common Questions and Mistakes to Avoid
Here are some of the most common questions and pitfalls people encounter when dealing with consent orders.
Can I get a consent order before the divorce is finalised?
You can begin drafting and negotiating your consent order at any stage, but the court cannot seal it until the conditional order (previously called decree nisi) has been made. In practice, many couples aim to have the consent order approved around the same time as, or shortly after, the final order (previously called decree absolute).
What if my spouse refuses to sign?
A consent order requires both parties to agree and sign. If your spouse refuses, you cannot use the consent order route. Instead, you would need to apply for a financial remedy order through contested court proceedings, which is more expensive and time-consuming.
Can a consent order be changed after it is sealed?
Once sealed, a consent order is very difficult to vary. The courts will only do so in exceptional circumstances, such as where there has been a significant change in circumstances, fraud, or non-disclosure of assets. This is one reason why it is so important to get the terms right before submission.
Do I need a solicitor to get a consent order?
There is no legal requirement to use a solicitor, but professional advice is strongly recommended, especially where pensions, property, or complex finances are involved. If you are confident in your agreement and your finances are straightforward, it may be possible to use a lower-cost service or to handle parts of the process yourself. Our guide on how to divorce without a solicitor in the UK covers what is and is not advisable to manage on your own.
What about children arrangements?
A consent order deals with financial matters only. Arrangements for children, such as who they live with and how much time they spend with each parent, are dealt with separately, either by agreement or through a child arrangements order. You do not need a court order for children arrangements if you and your spouse can agree.
Understand Every Step of Your Divorce for Just £37
Clarity Guide gives you a complete, plain-English walkthrough of the divorce process in England and Wales, so you feel informed and in control at every stage.
Get My Guide — from £37