Consent orders

What a consent order does

A consent order - A legal document that turns an agreement between you and the other party into a court order. Once approved by a judge, it’s legally binding and enforceable. is a court-approved document that records your agreement about how to divide your finances on divorce. Once approved by a judge, it becomes a legally binding court order. This means both parties must follow it, and if someone does not, the court can enforce it.

Most importantly, a consent order with a clean break - A financial settlement where both parties walk away with no ongoing financial ties to each other. No maintenance payments, no future claims. A clean break order makes this legally final. clause prevents either of you from making financial claims against the other in the future. Without one, the door remains open indefinitely.

Why you need one even if you agree

This is the most important thing on this page. A verbal agreement or even a written agreement between yourselves is not legally binding unless it is approved by the court. Without a consent order, either party can make financial claims against the other at any point in the future, no matter how many years have passed.

What goes in a consent order

A consent order typically covers all financial matters between you. The specific contents depend on your situation, but most include:

Property

Who gets the house, or how the sale proceeds are split. If the property is being transferred, the order sets out the timeline and conditions.

Pensions

Any pension sharing - A way of dividing pensions on divorce. A percentage of one person’s pension is transferred into a pension in the other person’s name. (a percentage transferred from one pension to the other) or offsetting (one person keeps their pension, the other gets more of other assets).

Lump sums

Any one-off payments from one person to the other, including money from savings or proceeds from selling assets.

Maintenance

Any ongoing payments (spousal maintenance - Regular payments made by one ex-spouse to the other after divorce to help them meet their living costs. Can be for a set period or, in rare cases, for life.), or an agreement that there will be none. If maintenance is included, the order specifies the amount, duration, and when it ends.

Clean break

A clause saying neither party can make future financial claims against the other. This is the whole point: drawing a line under your finances permanently.

How to get one

Option 1: Draft it yourselves

You can draft a consent order using a template, but this is risky unless the situation is very simple (no property, no pensions, no children). If the wording is wrong, the court may reject it or, worse, it may not protect you the way you intended.

Option 2: Use an online service

Services like Divorce-Online or Amicable prepare consent orders - A legal document that turns an agreement between you and the other party into a court order. Once approved by a judge, it’s legally binding and enforceable. from around £300. You fill in your details, they draft the order, you both check and sign it, and they file it with the court.

Option 3: Use a solicitor

A solicitor - A lawyer who manages your case day to day, handles paperwork, gives legal advice, and instructs a barrister when needed. Unlike barristers, solicitors deal with you directly and handle the ongoing relationship. will typically charge £500 to £1,500 plus VAT for a straightforward consent order. This is worthwhile if your situation involves property, pensions, or anything complicated. The solicitor ensures the wording protects you properly.

Whichever option you choose, you file the completed consent order with the court along with the £60 fee. The court processes most consent orders within 4 to 6 weeks without a hearing.

What the court checks

The court does not rubber-stamp consent orders. A judge reviews the agreement to check it is fair, particularly to any children. The judge looks at a short statement of financial information that both parties file alongside the consent order.

If the judge thinks the agreement is unfair, they can reject it or ask for more information. This is rare but it happens. The most common reasons for rejection are: the agreement leaves one party with inadequate housing when there are children, one party is giving up a disproportionate share with no clear reason, or the financial disclosure - The process of sharing all relevant financial information with the other party and the court. Both sides must give a full and honest picture of their finances. is incomplete.