Fact checked by Jess Knauf, Co-founder, Family Law Service, 22nd January 2026
Key Takeaways
- You cannot get a consent order without providing financial disclosure to the court
- Full and frank disclosure is required by law, even when you’ve already agreed your finances
- You provide disclosure through Form D81, which accompanies your consent order application
- Hiding assets or providing false information can lead to the consent order being set aside
- Our £499 service includes preparing your Form D81 financial disclosure correctly
Can I Get A Consent Order Without Financial Disclosure?
No, you cannot get a consent order without financial disclosure. Even though you and your ex-partner have already agreed how to divide your finances, the family court requires both parties to provide full and honest disclosure of your financial circumstances. This is a legal requirement, not optional, and protects both parties from unfair agreements and future disputes.
In this guide, we’ll explain what is required for a consent order, why financial disclosure is mandatory, what happens if you don’t provide it, and how to complete your disclosure correctly through Form D81. We’ll also show you how our £499 consent order service handles all your financial disclosure documentation.
What is Financial Disclosure?
Financial disclosure is the process of revealing your complete financial situation to the court and your ex-partner. This includes:
- Income: Salary, benefits, bonuses, rental income, investment income
- Assets: Property, savings, investments, pensions, business interests
- Debts: Mortgages, loans, credit cards, overdrafts
- Living expenses: Monthly outgoings and costs
When you apply for a consent order, you provide this financial disclosure through Form D81 (Statement of Information). The court reviews this alongside your consent order to ensure your agreed settlement is fair to both parties.
Why Can’t I Get A Consent Order Without Disclosure?
The requirement for full and frank disclosure is a fundamental principle of family law in England and Wales. Even when you’ve already agreed your settlement outside court, disclosure is mandatory for several important reasons:
1. The Court Must Assess Fairness
Even though you’ve agreed your settlement, a judge still needs to review and approve your consent order. The judge’s role is to ensure the agreement is fair to both parties and meets each person’s needs. Without seeing your financial circumstances, the judge cannot make this assessment.
2. It Protects Both Parties
Financial disclosure ensures neither party is being taken advantage of or entering an agreement without knowing the full picture. For example, if one person doesn’t know about the other’s hidden assets or undisclosed income, they might agree to an unfair settlement.
3. It Prevents Future Challenges
If assets are discovered later that weren’t disclosed, the consent order can be set aside (cancelled). This means you’d have to go back to court and negotiate a new settlement, which is expensive and stressful. Proper disclosure now protects you from problems later.
4. It’s a Legal Requirement
The duty of full and frank disclosure is established in case law, particularly Livesey v Jenkins [1985]. This legal duty applies to all financial remedy proceedings, including consent order applications.
“We always explain to our clients that financial disclosure isn’t optional, it’s a legal requirement for getting a consent order approved. Some people worry about sharing their financial information, but we explain that both parties have to do it, and it’s what protects them from future claims. The disclosure requirements for a consent order are much simpler than contested proceedings, which is one reason why agreeing your settlement is so much better than going to court.”
— Jess Knauf, Co-founder, Family Law Service
What Is Required For A Consent Order?
To get a consent order approved by the court, you need to submit three documents together:
The Three Required Documents
1. Form A (Notice of Application)
The application form telling the court you want a financial order. This starts the court process.
2. Consent Order
The legally drafted agreement detailing exactly how you’ll divide your finances, property, pensions, and debts.
3. Form D81 (Statement of Information) ← Your Financial Disclosure
This is where you provide your financial disclosure. Form D81 summarises your income, assets, debts, pensions, and living costs. Both parties complete their own D81 form showing their individual financial circumstances.
Without Form D81 (your financial disclosure), the court will not process your consent order application. All three documents must be submitted together.
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What Does “Full and Frank Disclosure” Mean?
Full and frank disclosure is the legal term for providing complete and honest information about your finances. This means:
What Must Be Disclosed?
You must disclose:
- All properties you own or have an interest in
- Bank accounts, savings, ISAs, premium bonds
- Investments, stocks, shares, bonds
- All pensions (state, workplace, private)
- Business interests and company shares
- Valuable possessions (cars, jewellery, art)
- Expected inheritances or financial windfalls
- All income sources (employment, self-employment, benefits)
- All debts (mortgages, loans, credit cards)
Important: If you deliberately fail to disclose an asset, or you provide false information, this is called “material non-disclosure” and can have serious consequences (detailed below).
What Happens If I Don’t Provide Full Disclosure?
Failing to provide full and frank disclosure can have severe legal and financial consequences:
1. Your Consent Order Can Be Set Aside
If hidden assets are discovered after your consent order is sealed, your ex-partner can apply to have the order set aside (cancelled). The case of Livesey v Jenkins [1985] established that material non-disclosure is grounds for setting aside a financial order, even years later.
2. You May Face Contempt of Court Proceedings
When you sign Form D81, you’re signing a statement of truth. If you knowingly provide false information, you can be found in contempt of court. This is a criminal offence that can result in fines or even imprisonment.
3. You’ll Have to Renegotiate the Settlement
If the consent order is set aside, you’re back to square one. You’ll need to negotiate a new settlement, potentially through expensive court proceedings. The hidden assets will be taken into account in the new settlement.
4. You May Have to Pay Costs
If you’re found to have deliberately failed to disclose, the court can order you to pay your ex-partner’s legal costs for having to bring the case back to court. This can run into tens of thousands of pounds.
5. You Lose Finality and Protection
The whole point of a clean break consent order is to achieve protection from future claims. If your order is set aside due to non-disclosure, you lose this protection and remain financially tied to your ex-partner.
“We always stress to our clients that trying to hide assets is never worth the risk. Even if you think your ex-partner won’t find out, these things have a way of coming to light, sometimes years later through inheritance, property sales, or even social media. We’ve seen cases where people lost everything they thought they’d ‘saved’ by hiding assets, plus had to pay huge legal costs. It’s always better to be honest from the start.”
— Jess Knauf, Co-founder, Family Law Service
Can I Refuse Financial Disclosure?
No, you cannot refuse financial disclosure if you want a consent order. Disclosure is a legal requirement, not optional. However, there are some nuances to understand:
Before Court Proceedings (Voluntary Disclosure)
When you’re negotiating outside of court (perhaps through mediation or direct negotiation), you’re undertaking voluntary disclosure. While technically “voluntary”, you need to provide disclosure if you want to reach an agreement that can be turned into a consent order.
For more information on disclosure during mediation and negotiation, read Mediate UK’s guide on refusing financial disclosure.
When Applying for a Consent Order
Once you’re applying for a consent order, disclosure becomes mandatory. You cannot submit a consent order application without Form D81. If you refuse to provide disclosure, you simply won’t be able to get a consent order approved.
What If My Ex-Partner Won’t Disclose?
If your ex-partner refuses to provide financial disclosure, you have several options:
- Try mediation to encourage voluntary disclosure
- Get legal advice on your options
- If necessary, apply to court for financial remedy proceedings where disclosure is compulsory
You cannot force someone to disclose outside of court proceedings, but you can explain that without disclosure, you cannot proceed with a consent order and may need to go to court instead.
How We Handle Financial Disclosure in Our £499 Service
When you use our £499 clean break consent order service, we handle all your financial disclosure requirements:
Step 1: Complete Our Secure Questionnaire
We ask you all the questions needed for Form D81, breaking them down into manageable sections. Our questionnaire prompts you to include all necessary information so nothing is missed.
Step 2: We Draft Your Form D81
Using the information you provide, we professionally draft your Form D81 financial disclosure. We present your finances in the format the court expects, using the current version of the form.
Step 3: We Check for Completeness
We review your disclosure to ensure all sections are complete and the figures are consistent with your consent order. We flag any obvious omissions or issues before you submit.
Step 4: You Review and Sign
We send you the completed Form D81 to review. You check that all information is accurate, then sign the statement of truth. This is your legal declaration that the information is correct.
Step 5: Submit with Your Complete Package
Your Form D81 is submitted to court alongside Form A and your consent order. We provide clear instructions on where to send everything and how to pay the £62 court fee (since July 2026).
Our service takes the stress out of financial disclosure. You don’t need to work out which form to use, which sections to complete, or worry about whether you’ve included everything. We handle it all for you.
Summary
You cannot get a consent order without financial disclosure. Full and frank disclosure through Form D81 is a legal requirement, not optional. The court needs to see both parties’ financial circumstances to assess whether your agreed settlement is fair.
Trying to hide assets or providing false information can lead to your consent order being set aside, contempt of court proceedings, and substantial legal costs. Our £499 consent order service includes preparing your Form D81 correctly, ensuring you provide complete and accurate disclosure that satisfies the court’s requirements.
Frequently Asked Questions
Do I need financial disclosure if we’ve already agreed everything?
Yes, you still need to provide financial disclosure even when you’ve already agreed your settlement. The court requires Form D81 to assess whether your agreement is fair. You can’t skip this step, disclosure is mandatory for all consent order applications.
What if I don’t know my ex-partner’s financial details?
Each party completes their own Form D81 showing their individual finances. You only need to disclose your own financial situation, you’re not responsible for providing your ex-partner’s disclosure. However, you should have exchanged financial information during your negotiations so you both understand the full picture.
How detailed does my disclosure need to be?
Form D81 requires summary-level information rather than exhaustive detail. You don’t need to attach bank statements or payslips (unless the court specifically asks), but you must provide accurate figures for all your income, assets, and debts.
What if my financial situation changes after I submit Form D81?
If something material changes before your consent order is sealed (such as receiving an inheritance, losing your job, or selling property), you have a duty to update your disclosure. Contact the court to explain the change. Minor fluctuations in bank balances or small changes in income don’t usually require updates.
Can the court reject our consent order based on disclosure?
Yes, if the judge feels there’s insufficient information to assess fairness, or if the disclosure reveals that the agreement is manifestly unfair to one party, they can reject the consent order. They may ask for additional information or ask questions on why you both believe the agreement to be fair, before approving it.
Is Form D81 different from Form E?
Yes. Form D81 is the shorter financial statement used for consent order applications (when you’ve agreed). Form E is the much longer, more detailed financial statement used in contested court proceedings (when you haven’t agreed and the court will decide). If you’ve already agreed your finances, you only need Form D81.
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We’ll prepare your Form D81, Consent Order, and Form A for just £499.
Complete disclosure, correctly formatted, ready for court.