What Happens If You Divorce Without a Consent Order?

Divorce without a consent order is far more common than most people realise, and it leaves a door open that many divorced couples do not know exists. It usually happens for an understandable reason: you agree how to split things between yourselves, the divorce goes through, and nobody mentions that consent orders exist. This guide explains what actually happens if you skip this step, the real risks involved, and how to close your financial ties properly.

What Divorce Without a Consent Order Actually Means

When your final order of divorce is granted, your marriage is legally over. What surprises many people is that this is all it does. The divorce process in England and Wales deals only with the legal status of the marriage. It does not touch your finances.

Your financial relationship as spouses is a separate legal matter, and it continues after the divorce until a court order ends it. Without one, the claims you each have against the other under the Matrimonial Causes Act 1973 simply stay open. That includes claims over property, savings, pensions, income and lump sums.

A consent order is the document that closes this gap. It is a legal document, approved by a judge, that records your financial agreement and makes it binding. A clean break consent order goes one step further and dismisses all future claims between you, so neither of you can come back for more later.

The Real Risks of Divorce Without a Consent Order

None of these risks mean disaster is certain. Plenty of couples divorce, split things informally and never hear from each other again. The problem is that you are relying on your ex staying reasonable, and staying in the same financial position, for the rest of your life. Here is what can go wrong.

Claims stay open with no time limit

There is no deadline on financial claims after divorce. The clearest example is Wyatt v Vince [2015] UKSC 14, where the Supreme Court allowed a wife to pursue a financial claim against her former husband nearly 20 years after their divorce. At the time they separated, neither had money. He later founded a successful green energy business, and the court confirmed her claim could proceed.

The lesson is uncomfortable but simple: if your circumstances improve after divorce, through career success, a business, an inheritance or even a lottery win, an ex-spouse without a consent order in place may be able to claim a share.

Informal agreements are not binding

An agreement written on paper, agreed over email or even drawn up by a solicitor is not legally binding on its own. A court may take it into account, but it can still be reopened, especially if one of you argues it was unfair or circumstances have changed. Only a judge’s approval turns your agreement into an enforceable order. If you are unsure how a fair split is worked out in the first place, our guide on how assets are split in a divorce covers the factors a court considers.

Pensions cannot be shared without an order

Pensions are often the largest asset in a marriage after the family home, and this is the one area where an informal agreement is not just risky but impossible to carry out. A pension provider cannot implement a pension sharing arrangement without a court order. If you agreed to share a pension but never got an order, that part of your agreement simply cannot happen.

The remarriage trap

There is a lesser-known rule that catches people out. If you remarry without having applied for a financial order first, you generally lose the right to make claims for capital, property adjustment or lump sums against your former spouse. Your ex, if they have not remarried, keeps their claims against you. So the person who moves on first can end up in the weaker position.

Who Is Most at Risk?

Skipping a consent order is a bigger gamble in some situations than others. You are most exposed if:

• You expect your finances to improve. A growing business, a rising career, share options or a likely inheritance all become potential targets for a future claim.
• There is a pension involved. Any pension sharing you agreed cannot happen without an order, and pension claims otherwise stay open.
• You plan to remarry. The remarriage trap can close off your own claims while leaving your ex’s open.
• The split was informal or lopsided. If one of you took noticeably less to keep the peace, that person may later be advised they are entitled to more.
• Contact with your ex is difficult. Goodwill fades. An agreement that works today may not survive a new partner, money troubles or a falling out.

Jess Knauf, Director of Client Strategy at Mediate UK, puts it this way: “We regularly hear from people five or ten years after their divorce who assumed everything was finished. The divorce ended the marriage, but nobody told them their financial claims were still open. Sorting a consent order at the time is a small job. Untangling a claim years later is not.”

How to Close Your Financial Claims Properly

The fix is straightforward, and you can do it even if your divorce was finalised years ago, provided neither of you has remarried in a way that limits your claims. Three documents go to the court together:

1. The consent order itself, drafted in legal wording, setting out your agreement and, for a clean break, dismissing all future claims.
2. Form A (by consent), the notice of application that asks the court to consider your order.
3. Form D81, the statement of information giving the judge a summary of both parties’ finances, so the court can check the agreement is fair.

The court fee for a financial order by consent is £62 as of July 2026. A judge reviews the paperwork, and if the agreement looks fair, the order is approved without either of you attending court. You can see a full breakdown of what the process costs on our costs page.

What If You Have Not Agreed Yet?

A consent order can only be made once you both agree on the split. If you are stuck on the house, the pension or maintenance, family mediation is usually the quickest and least expensive way to get there, and it is far less stressful than asking a court to decide for you.

Frequently Asked Questions

Is a consent order legally required to divorce?

No. You can divorce without a consent order and many people do. The divorce will go through without one. What it will not do is end your financial claims against each other, which stay open until a court order closes them.

Can my ex claim money years after our divorce?

Yes, if there is no financial order in place. There is no time limit on financial claims after divorce in England and Wales. In Wyatt v Vince, the Supreme Court allowed a claim to proceed nearly 20 years after the divorce.

Can I get a consent order after my divorce is finalised?

Yes. A consent order can be applied for after the final order of divorce, even years later, as long as you both agree. If you have remarried without applying for a financial order first, your own claims may be limited, so it can help to get legal advice on your position.

Does a separation agreement do the same job?

No. A separation agreement is a record of what you have agreed, and a court may take it into account, but it is not binding and can be reopened. Only a consent order approved by a judge closes financial claims.

How much does a consent order cost?

The court fee for a financial order by consent is £62 as of July 2026. On top of that you pay for the order to be drafted. A fixed-fee service such as Family Law Service drafts a clean break consent order, Form A and Form D81 for £499.

What happens to my pension if I divorce without a consent order?

Nothing can be shared. Pension providers can only implement pension sharing under a court order, so any pension agreement you made informally cannot be carried out, and pension claims between you remain open.

Closing the Door Properly

Divorce without a consent order leaves the biggest financial question of your separation unanswered. The marriage ends, but the claims do not, and they can resurface when you least expect them: a new business, a promotion, an inheritance, a remarriage. For a £62 court fee and a fixed drafting cost, a clean break consent order turns the agreement you have already reached into something permanent, so you can both move on knowing it is finished. You can read more about how they work in our consent orders hub.