How to File a Consent Order With the Court: Full Guide

If you have agreed how to divide your money and property, the next step is to make that agreement stick, and that means knowing how to file a consent order with the family court. A consent order is a court order that turns a financial agreement into a legally binding document, so neither of you can reopen the finances later. If you want a quick refresher on how these orders work before you start, that is a sensible place to begin.

Filing is more straightforward than most people expect. There are three documents to prepare, a set order to do things in, and one court fee to pay. This guide walks through exactly what to send, where to send it, what it costs and how long the court takes to respond.

Before you file: what you need in place

A consent order records a deal you have already done. You cannot file one until you both agree on the full financial split, covering the family home, savings, pensions, debts and any ongoing maintenance.

You will also need to have reached the conditional order stage of your divorce. A conditional order (the stage that used to be called decree nisi) is the court’s confirmation that you are entitled to divorce. A judge cannot approve your consent order until the conditional order has been made, and the sealed consent order usually takes effect once your final order (formerly decree absolute) is granted.

If you have not agreed everything yet, filing is premature. Reaching a fair agreement first is what family mediation is for, and it is far quicker and less expensive than fighting it out in court.

The three documents you file with the court

A consent order application is not a single form. To file a consent order you send three documents together, and the court will reject an incomplete set.

1. The draft consent order

This is the order itself, setting out exactly who gets what: the split of the home, savings, pensions and debts, plus any maintenance and, in most cases, a clean break. A clean break is a term that ends future financial claims between you, so neither of you can come back for more later. This document has to be drafted in the correct legal form, because the judge reads it word for word.

2. Form A by consent

Form A is the notice of application that formally asks the court to make a financial order. When you have already agreed terms, you file it “by consent”, which flags to the court that this is an agreed application rather than a contested one. You can read more about what this form does in our guide to the Form A application.

3. Form D81 statement of information

Form D81 is a joint statement of information that gives the judge a summary of both of your finances: income, capital, pensions, property and living arrangements. It lets the judge sense-check that the agreement is broadly fair before approving it. Our D81 form guide explains what goes in each section.

How to file a consent order, step by step

Here is the process in order, from a signed agreement to a sealed order.

1. Reach and record your agreement. Agree the full financial split, ideally through mediation or with legal advice, so nothing is missed.
2. Get to the conditional order stage. Your divorce needs to have reached conditional order before the consent order can be approved.
3. Prepare the three documents. Draft the consent order, complete Form A by consent, and complete the Form D81, making sure the figures match across all three.
4. Both parties sign. You and your former partner sign the draft order and the D81 to confirm you agree.
5. Submit to the family court. Send the full set to the court dealing with your divorce, with the court fee. A cover letter is also helpful to add.
6. A judge reviews the papers. The judge reads the documents, usually without a hearing, and either approves the order or asks a question.
7. Receive your sealed order. Once approved, the court returns a sealed consent order, which is legally binding.

Most applications are dealt with entirely on the papers. You will not normally attend court unless the judge wants to clarify something in your agreement.

Where and how to send it

You file the consent order with the same family court that is handling your divorce. Many applications are now submitted online through the financial remedy digital service, and your solicitor or drafting service will usually handle the submission for you. If you are filing on paper, you send the documents to the relevant court by post.

Getting the paperwork right the first time matters, because a rejected application means redrafting and resubmitting, which adds weeks. This is the part where a professionally drafted order pays for itself.

What it costs to file a consent order

There is one court fee to file a consent order, separate from any drafting cost.

The consent order court fee increased to £62 on 13 July 2026, in line with the Ministry of Justice inflation uplift, as of July 2026 (see GOV.UK family court fees, EX50). This is much lower than the £321 fee for a contested financial order, because an agreed consent order is a without-notice application. If you are on a low income or certain benefits, you may pay a reduced fee or nothing through the Help with Fees scheme.

The drafting cost is separate. You can draft the documents yourself, but errors are common and the judge will not fix them for you. For a fixed fee of £499, our network drafts the order, Form A and D81 correctly, which for most people is money well spent given what is at stake. For more detail, see the ConsentOrder costs page.

How long does the court take?

Once you file a consent order, the court usually takes around four to eight weeks to review and seal it, though this varies between courts and can be longer at busy times. You do not need to chase it; the sealed order arrives once the judge has approved it.

If the judge has a query, for example about how the pensions have been divided, they will write to you asking for more information rather than refusing the order outright. Answering promptly keeps things moving.

“We see the same thing time and again: couples who agree everything amicably, then lose weeks because the paperwork does not match across the three documents. Getting the order, Form A and D81 drafted properly the first time is the single biggest thing you can do to avoid delay.” Jess Knauf, Director of Client Strategy at Mediate UK.

Why filing matters: protecting against future claims

Without a sealed consent order, your financial claims against each other stay open, even after the divorce is final. A former spouse can, in principle, make a claim years later. In the well-known case of Wyatt v Vince [2015] UKSC 14, a claim was allowed to proceed more than 20 years after the couple separated, because there had never been a financial order closing things off.

A consent order with a clean break shuts that door. It is the difference between a divorce that is genuinely finished and one that only looks finished. If you want to be sure your agreement is fair before you file, it can help to understand how assets are split in a divorce, or to have the agreement checked.

Frequently asked questions

Can I file a consent order myself?

Yes. There is no legal requirement to use a solicitor to file a consent order. You will still need the three documents drafted correctly, and the judge will reject an application that is incomplete or unclear, so many people use a fixed-fee drafting service to avoid errors.

Do I need a solicitor to file a consent order?

No, a solicitor is not required. Most agreed consent orders are drafted and filed without one. Legal advice can help where the finances are complex, for example with significant pensions or a business, but for a straightforward clean break it is not compulsory.

How much does it cost to file a consent order?

The court fee is £62 as of July 2026. Drafting the documents is separate; our network offers this as a fixed fee of £499. You may qualify for a reduced court fee under the Help with Fees scheme if you are on a low income.

Can I file a consent order before the conditional order?

You can prepare and submit the documents, but a judge cannot approve the consent order until the conditional order in your divorce has been made. In practice it is best to have reached conditional order before you file, so the application is not held up.

What happens after a consent order is filed?

A judge reviews the papers, usually without a hearing. If satisfied the agreement is fair, the judge seals the order and returns it to you. The sealed consent order is legally binding and usually takes effect once your final order is granted.

Can a consent order be rejected?

A judge can decline to approve an order if it looks unfair or if information is missing. Usually they will ask a question rather than reject it outright, giving you the chance to explain or amend the terms before it is sealed.

Your next step

Filing a consent order comes down to three documents, one court fee and a set order of steps. Agree your finances, reach the conditional order stage, get the draft order, Form A and D81 prepared correctly, then send them to the court and wait for the sealed order to come back. The care goes into the drafting, because that is what the judge reads and what protects you for the future. If you would like the paperwork handled properly the first time, our fixed-fee service is here to help.