What Is a Consent Order and Why Do You Need One?

Blog last updated: October 2026  |  Jurisdiction: England and Wales  |  Estimated reading time: 10 minutes

Many people assume that once they and their spouse have divorced and agreed how to divide what they consider to be their “joint” finances, and have put it in writing, the difficult part is over. An agreement of that kind may not be legally binding, even if you have both signed it, and it may not stop either of you from making a financial claim years later. A consent order is the document that turns an agreement into something the court can enforce, and stops your ex being able to make a financial claim against you in the future.

What is a consent order?

A consent order is a court order that records the terms of a financial agreement between a couple who are divorcing, ending a civil partnership or legally separating, and makes those terms legally binding. It sets out how assets such as the family home, pensions, savings and investments are to be divided, and it can also deal with maintenance payments for a spouse and any children of the family. The order will also deal with terminating future financial claims so that you and your ex-partner cannot make future financial claims against each other arising from your marriage or civil partnership, save in circumstances where there are ongoing maintenance provisions.

You and your spouse draw up the terms of the agreement in a draft consent order and submit it to the court for approval, along with a summary statement of your finances known as Form D81. In many cases a judge considers this on paper, without a hearing, and generally approves the order unless it finds it unfair, incomplete or legally flawed. Fairness can be subjective, but in this context, fairness means ensuring it meets the basic financial needs of both parties and any dependent children.

Once approved, the order is legally binding, which means the court can enforce it if one of you does not do what was agreed, such as making a lump sum payment, selling or transferring property, or paying maintenance. Also, if your agreement includes the sharing of a pension, a court order is required to give effect to that agreement and enable the pension providers to facilitate the division of the pension assets.

Why you may need a consent order on divorce

Ending a marriage and sorting out the finances are two separate legal processes. A divorce ends the marriage, but it does not, on its own, bring your financial claims against each other to an end. We explain how this works on our page about divorce financial advice, and it catches out many people who assume that agreeing the finances informally is enough.

Take a couple who separate and agree between themselves that one will keep the family home and the other will take a lump sum from their joint savings. They both then get on with their lives. Some years later, the person who kept the home sells it at a significant profit, and the other decides to bring a financial claim after all. Because the agreement was never approved by a court, and often will have been agreed to without there having been proper financial disclosure between the couple, or either having taken any legal advice, a court may not take it into account when deciding what is fair.  The court is not bound by it, and the original arrangement could be reopened.

Some people assume they do not need an order because there is little to divide. However, circumstances can change, for example through an inheritance or a rise in the value of a property, or the growth of a family business, and a financial claim may in some cases be made later even where there were few assets at the point of separation.

As the law currently stands, an agreement needs to be recorded in a consent order and approved by the court to be legally binding.

Consent order and getting a “clean break”

A clean break is a provision within a consent order saying that neither of you can make any further financial claims against the other. In many cases, this includes a claim on the other person’s estate after death. The aim is to give both of you a proper end to the financial relationship, without worrying about a claim arriving years later.

Most consent orders will include a capital clean break, meaning that neither of you will be able to claim for further capital, such as property, pension provision, or a lump sum payment from the other, but not every consent order includes an income clean break. Where one person is to pay maintenance for a period, the person receiving the maintenance retains the ability to make further applications in relation to that financial support, but this can be time-barred or limited.

A clean break deals only with the financial claims between the two of you. It does not end either parent’s responsibility to support their children. Where parents agree child maintenance in a consent order, that part of the order is, in most cases, binding for only 12 months, after which either parent may apply to the Child Maintenance Service.

When to apply for a consent order and what is involved

The court cannot approve a consent order until the conditional order, the first stage of a divorce or dissolution, has been made. It is usually simpler to apply after the conditional order and before the final order. The order takes effect only once the final order has been made, and applying after that point may have financial consequences, particularly for pensions, so it is worth taking advice on timing first.

In practice, you and your spouse each sign the draft order and complete a Form D81, which gives the court the information it needs to decide whether the arrangements are fair. An application is then made to the court, together with the court fee. GOV.UK has official guidance on applying for a consent order.

Pensions

Pensions deserve particular attention. A pension sharing order, which transfers part of one person’s pension to the other, can be included in a consent order, but it generally requires extra paperwork and takes effect only once the final order has been made. Pensions can be among the most valuable assets a couple has and are often overlooked, so it is worth taking advice before you agree how they are treated.

Getting help

There is no legal requirement to instruct a solicitor, and some couples prepare the order themselves. However, the wording matters, particularly where it deals with the family home or pensions, so many people ask a solicitor to draft it. Instructing one does not mean matters need to escalate or lead to court proceedings, and where you have already reached an agreement, their role can be limited to making sure the agreement is recorded accurately and correctly. If agreement proves out of reach, we’ve written before about what happens if you cannot agree, and why court should be treated as a last resort.

Even after a consent order has been approved, it may be challenged or set aside in limited circumstances, for example where important information was not disclosed, where one party was misled, or where an unforeseen event soon afterwards undermines the basis of the order. The courts take a strict approach, so it is better to get the order right at the outset. Some provisions, such as maintenance for a spouse, may be capable of being varied if circumstances change during the term of the maintenance.

Mediation

Couples may reach agreement through mediation, which can work well, but it is not always suitable where there is domestic abuse or a significant power imbalance. Any agreement reached still needs to be recorded in a consent order to be legally binding. If you are being pressured to agree terms that do not feel right, an agreed settlement may not be safe or appropriate, and it is worth taking advice before you agree to anything.

A consent order is also available only to couples who are married or in a civil partnership. If you lived together without marrying, different rules apply and you may need another form of agreement. Our cohabitation page sets out the options.

A note on reform

In June 2026 the Ministry of Justice published a consultation called ‘A fairer end to relationships’, which looks at reforming the law on financial remedies on divorce and dissolution. Among other things, it proposes writing the principles of sharing and needs into legislation and introducing qualifying nuptial agreements, which would allow couples to make binding financial arrangements in advance of divorce. The consultation closed on 14 August 2026 and, at the time of writing, no outcome has been published. The proposals are not yet law, so as the law currently stands an agreement still needs to be recorded in a consent order and approved by the court to be legally binding.

Getting advice on your situation

If you have agreed, or are close to agreeing, how to divide your finances, it is worth checking that the agreement is recorded in a way a court can enforce. A short conversation now can be far easier than untangling an informal arrangement later.

We’re always happy to have a no-obligation chat about the way forward. You can call the office on 020 4579 5360 or email office@familylawcity.co.uk. You can find more information on our website: familylawcity.co.uk

Frequently Asked Questions

What is a consent order in a divorce?

A consent order is a court order that records the financial terms a divorcing couple have agreed, such as how the family home, pensions, savings and investments are to be divided, and whether any maintenance is to be paid to either party or any children of the family. The order will also dismiss future financial claims either of you may have over the other as a result of your marriage. It is supported by a summary statement of finances known as a Form D81 and submitted to the court, and in most cases a judge approves it on paper provided the terms are not unfair, incomplete or legally flawed. Once approved, it is legally binding and, takes effect after the final order of divorce has been made.

Do I need a consent order if my divorce is amicable or we have few assets?

Yes, if you want your financial agreement to be legally binding and to ensure that your ex-partner does not have the ability to make financial claims against you in the future. A divorce ends the marriage but does not end your financial claims against each other, so either of you may be able to bring a claim for financial provisions at a later date unless a court has approved the terms of your agreement which will include the dismissal of future claims. This can be the case even where there are few assets now, because an inheritance or a rise in property value, or the growth of a business, can change the picture. A consent order gives both of you certainty and a way to enforce the agreement.

What is the difference between a separation agreement and a consent order?

A separation agreement is a written agreement between the two of you. A court may take it into account, but as the law currently stands it is not automatically binding. A consent order records the agreement in an order that a judge has approved, which means the court can enforce it. If you are divorcing or ending a civil partnership, it is usually worth having your agreement recorded in a consent order as well.

Can a consent order be changed or challenged later?

In most cases a consent order is intended to be final, and the courts take a strict approach to applications to reopen one. It may be challenged in limited circumstances, for example where important information was not disclosed or where an unforeseen event soon afterwards undermines the basis of the order. Some provisions, such as maintenance for a spouse, may be capable of being varied if circumstances change during the term of the maintenance provision. It is therefore worth taking advice before you agree to the terms.