What Are Consent Orders? A Complete Guide to Financial Settlement On Divorce

What is a Consent Order?

A consent order is a legally binding court document that finalises your financial arrangements after divorce or dissolution of a civil partnership. If you’re going through a divorce in England and Wales, understanding what are consent orders and why they matter could save you from financial claims decades into the future. Many people assume that once their divorce is finalised, their financial ties are automatically severed. This is one of the most common and costly misconceptions in family law. Without a consent order, your ex-spouse can make a claim against your assets at any point in the future, regardless of how much time has passed since your divorce. This includes claims against inheritances, lottery winnings, property you’ve acquired, and even your pension. In this guide, you’ll learn exactly what a consent order is, how the process works, why you need one even if you have no assets, and what happens if you don’t get one. We’ll explore real cases where the absence of a consent order led to financial issues, and show you the steps to protect yourself properly.

What are Consent Orders? Definition and Purpose

A consent order is a legal document that records the financial agreement you and your former spouse have reached regarding how to divide your assets, savings, pensions, property, and debts. The key word is “consent”, which means both parties have agreed to the terms before submitting the order to the court. Once approved by a judge, a consent order becomes legally binding and enforceable. This means if either party breaches the terms, the other can apply to the court for enforcement. More importantly, a properly drafted clean break consent order prevents either party from making further financial claims against the other in the future.

What Does a Consent Order Cover?

A consent order can include provisions for dividing:

• Property and real estate
• Savings and bank accounts
• Investments and shares
• Pensions (pension sharing or attachment orders)
• Debts and liabilities
• Business interests
• Personal possessions over £500

A consent order can also set out arrangements for ongoing financial support, including spousal maintenance (periodic payments from one spouse to the other). While child maintenance can be included, it’s worth knowing that any provisions relating to children are only legally binding for 12 months. After this period, either party can apply to the Child Maintenance Service (CMS) for a reassessment.

“We often see clients who’ve been divorced for years but never obtained a consent order. They’re shocked to discover their ex-partner can still make a claim against their assets. One of our clients had been divorced for eight years when her ex-husband made a claim against her inheritance from her parents. This could have been completely prevented with a clean break at the time of divorce.” — Jess Knauf, Co-founder, Family Law Service

Why You Need a Consent Order: The Risks of Not Having One

The divorce process in England and Wales is separate from the financial settlement process. You can obtain a final order (previously called a decree absolute) that legally ends your marriage, but this does not automatically end your financial obligations to each other. Without a consent order, both parties retain the right to make financial claims against each other indefinitely. This can happen many years after the divorce, and can include claims against:

• Future inheritances
• Lottery or gambling winnings
• Property purchased after the divorce
• Pensions accumulated after separation
• Business assets built up post-divorce
• Income from work done during the marriage but realised later
• New savings and investments

Real Case: The Lottery Winner Without a Consent Order

One of the most striking examples of why you need a consent order involves Euromillions winner Nigel Page, who won £56 million but was forced to pay his ex-wife £2 million in an out-of-court settlement. Wendy Page had walked out on him 10 years earlier for another man, yet she was still able to make a claim against his lottery winnings. The case made legal history as the first time a former partner received a payout from a UK lottery winner. Wendy initially asked for £8 million before settling for £2 million, after Nigel’s earlier offer of £1 million was rejected. The reason she could make this claim a decade after their separation? The couple had never obtained a clean break consent order. This case demonstrates that without a consent order, the financial connection between former spouses remains active indefinitely, regardless of how much time has passed, who left whom, or how the assets were acquired. A properly drafted clean break consent order would have prevented this £2 million claim entirely.

Vince v Vince: When Consent Orders Go Wrong

The case of Vince v Vince offers important lessons about the consent order process. This case involved protracted litigation over financial arrangements where the legal costs spiralled out of control, eventually exceeding the value of the assets being divided. The case highlights why reaching an agreement and obtaining a consent order without going to court is almost always preferable. Court proceedings are expensive, stressful, and time-consuming. They can take 12 months or longer, and legal fees can easily reach tens of thousands of pounds. A consent order agreed between parties, by contrast, costs a fraction of this amount and can be finalised in weeks rather than months.

What Is a Clean Break Consent Order?

A clean break consent order is a specific type of consent order that completely severs the financial ties between former spouses. It’s called a “clean break” because once approved, neither party can make any further financial claims against the other, regardless of future changes in circumstances. A clean break consent order can apply to:

• Income only – ending any obligation for spousal maintenance but potentially retaining claims over capital assets
• Income and capital – ending all financial ties completely, including maintenance and any claims over assets

When Is a Clean Break Consent Order Appropriate?

Courts favour clean break consent orders wherever possible, as they allow both parties to move forward with financial independence. A clean break is most appropriate when:

• Both parties are financially self-sufficient or can become so within a reasonable timeframe
• There are sufficient assets to meet both parties’ needs without ongoing maintenance
• Both parties earn similar incomes
• There are no dependent children, or arrangements for children are settled
• Neither party has caring responsibilities that prevent them from working

However, a clean break may not be appropriate if one party has significantly lower earning capacity, has caring responsibilities for young children, or has health issues that prevent them from working.

Immediate vs Deferred Clean Break

An immediate clean break consent order takes effect as soon as it’s approved. This is common when there are no children and both parties are financially independent. A deferred clean break consent order provides for spousal maintenance for a fixed period, after which the clean break takes effect. For example, one spouse might receive maintenance for three years while they retrain for work, after which all financial ties are severed.

“Clean break consent orders give our clients peace of mind. We worked with a couple where the wife had been out of the workforce for ten years raising their children. Rather than indefinite maintenance, we negotiated a five-year term that gave her time to retrain as a teacher. The deferred clean break meant she had security during the transition period, but both parties knew exactly when their financial obligations would end.” — Jess Knauf, Co-founder, Family Law Service

Do You Need a Consent Order If You Have No Assets?

This is one of the most frequently asked questions about consent orders, and the answer is almost always yes. Even if you currently have no assets, no property, and minimal savings, you should still obtain a clean break consent order. Here’s why this matters: Future assets are not protected – Just because you have nothing now doesn’t mean you won’t in the future. Inheritances, career advancement, property purchases, business success, or even lottery winnings could all become subject to claims from your ex-spouse if you don’t have a consent order. The cost is minimal – A clean break consent order when you have no assets is straightforward and relatively inexpensive. The court fee is currently £53, and many people complete these themselves or with minimal legal assistance. This small investment protects you from potentially unlimited future claims. Peace of mind – Knowing that your financial ties are completely severed allows you to move forward without worry. You won’t need to notify your ex-spouse of financial changes, and you won’t face unexpected claims years down the line.

Can You Get Divorced Without a Consent Order?

Yes, you can legally get divorced without obtaining a consent order. The divorce process and the financial settlement process are separate in England and Wales. However, getting divorced without a consent order is almost never advisable. When you divorce without a consent order:

• Your ex-spouse can make financial claims against you at any time in the future
• You remain financially connected despite the divorce being finalised
• Future assets, inheritances, and winnings could be subject to claims
• You may need to disclose financial information to your ex-spouse years after separation
• Uncertainty and potential conflict remain even after the divorce is final

The only situation where you might not need a consent order is if you were married for a very short time, had completely separate finances throughout, and neither party has any realistic prospect of accumulating assets in the future. Even then, most family law professionals would still recommend obtaining a consent order for complete peace of mind.

How Long Does a Consent Order Take to Be Approved?

Once you submit your consent order application to the court, it typically takes between 4 and 10 weeks for a judge to review and approve it. However, this timeframe can vary depending on several factors:

• Court workload – Some courts have longer processing times than others
• Complexity of the order – Simple clean break orders are processed faster than complex arrangements involving multiple properties, businesses, or pension sharing orders
• Completeness of application – If information is missing or unclear, the court will return the application, causing delays
• Whether the judge has questions – Judges may ask for clarification or additional information before approving the order

The digitisation of the court process in recent years has improved efficiency, and many straightforward consent orders are now approved within 4-6 weeks. However, it’s wise to build in extra time and not make major financial decisions (like purchasing a new property) until your consent order has been approved and sealed by the court.

What You Need Before Applying for a Consent Order

To avoid delays in the approval process, you’ll need to have certain documents and information prepared before you apply. We’ll cover the detailed process in the next section, but understanding what’s required helps you prepare in advance.

The Consent Order Process: Step-by-Step Guide

Obtaining a consent order involves several steps. While you can complete this process yourself, many people choose to instruct a solicitor to ensure the order is properly drafted and all requirements are met.

Step 1: Ensure You’re Eligible to Apply

You can only apply for a consent order once you have obtained a conditional order (previously called decree nisi). You cannot apply before this stage, though you can start drafting your agreement beforehand. Your consent order won’t become legally binding until you’ve also obtained your final order (previously decree absolute), which legally ends your marriage. However, you submit the consent order application after the conditional order and before the final order.

Step 2: Reach Agreement on Financial Arrangements

Before you can apply for a consent order, you and your ex-spouse need to agree on how your finances will be divided. This agreement can be reached through:

• Direct negotiation between yourselves
• Solicitor negotiation where your respective solicitors communicate on your behalf
• Family mediation where an impartial mediator helps you reach agreement
• Collaborative law where both parties and their lawyers meet together to negotiate
• Arbitration where an arbitrator makes a binding decision on disputed points

For a detailed guide on consent orders and family mediation, read this comprehensive guide to financial consent orders.

“We always encourage couples to try mediation before starting court proceedings. Not only is it much cheaper and faster, but couples who mediate their settlement tend to be more satisfied with the outcome because they’ve been actively involved in creating it rather than having a judge impose a decision. We’ve seen couples reach agreement in mediation after just two or three sessions, when their solicitors had been negotiating unsuccessfully for months.” — Jess Knauf, Co-founder, Family Law Service

Step 3: Gather Financial Information for Form D81

You’ll need to complete Form D81 (Statement of Information), which provides the court with essential information about your financial circumstances. This form requires:

• Personal details including full names, dates of birth, and marriage date
• The approximate value of all assets owned by both parties (property, savings, pensions, investments)
• Details of income for both parties
• Information about any property to be transferred, including confirmation that the mortgage lender has been notified and doesn’t object
• Details of any future payments agreed between the parties
• Whether either party intends to remarry or has entered a new relationship
• Information about any children and arrangements for them

Both parties must sign Form D81. This statement helps the judge understand your circumstances and determine whether the proposed consent order is fair and appropriate.

Step 4: Draft the Consent Order Document

The consent order itself is the legal document that sets out the terms of your financial agreement. It must be drafted in the correct legal format and include specific clauses to ensure it’s enforceable. While you can draft this yourself using templates available online, many people choose to instruct a solicitor to draft it, particularly if:

• The financial arrangements are complex
• Property or pensions need to be transferred
• There are business interests involved
• You want to ensure all future claims are properly dismissed

The consent order should clearly state what will happen to each asset and should include clauses dismissing all future claims if you want a clean break.

Step 5: Complete Form A (Notice of Intention to Proceed)

Form A is the application form for a financial order. When applying for a consent order, you’ll mark this form “For Dismissal Purposes Only” because you’re not asking the court to make a decision on finances, you’re asking it to approve the agreement you’ve already reached. If you haven’t already submitted Form A as part of your divorce application, you’ll need to include it with your consent order application. This is a procedural requirement that formally “opens” your financial claims so they can then be dismissed as part of the consent order.

Step 6: Submit Your Application to the Court

Once all documents are prepared, you’ll need to send the following to the court:

• Form D81 (Statement of Information), signed by both parties
• Form A (Notice of Intention to Proceed)
• Your draft consent order
• The court fee (currently £62 (since July 2026))

If a solicitor represents the applicant, they must apply for the consent order online through the court’s digital system. If you’re applying yourself without a solicitor, you can submit your application by post. Keep copies of everything you send, and ensure your ex-spouse receives copies as well.

Step 7: The Court Reviews Your Consent Order

A district judge will review your consent order application, usually without either party needing to attend court. The judge will consider whether the proposed order is fair and appropriate, taking into account:

• The financial needs of both parties
• The available assets
• The length of the marriage
• The age and health of both parties
• Contributions made during the marriage
• Any children and their needs

If the judge is satisfied the consent order is fair, they’ll approve it and return sealed copies to both parties (and your solicitors if you have them).

Step 8: What Happens If the Judge Rejects Your Consent Order?

If a judge considers your proposed consent order to be unfair or unclear, they can reject it. This doesn’t mean you’ve done anything wrong, it simply means the judge needs more information or believes the terms should be amended. When a consent order is rejected, the judge will usually:

• Ask questions about specific aspects of the order
• Request additional information or clarification
• Suggest which areas need re-negotiating
• Ask for updated financial information if the Form D81 appears out of date

You’ll need to respond to the judge’s queries or amend the order as requested, then resubmit it. This can add several weeks to the process, which is why ensuring your order is clear, comprehensive, and fair from the outset is important. The judge will not tell you what you should do instead. For a judge to make an order (tell you what to do) would require applying for a financial order, three hearings and takes approximately 12 months or more. Common reasons for rejection include:

• The division of assets appears significantly unfair without adequate explanation
• The order doesn’t properly provide for children’s needs
• Important financial information is missing from Form D81
• The legal drafting is unclear or contains errors
• Claims aren’t properly dismissed, leaving the door open for future applications

Can You Get a Consent Order After Divorce?

Yes, you can apply for a consent order at any time after your divorce is finalised. There’s no time limit on making a financial application following divorce in England and Wales, which is precisely why it’s so important to obtain a consent order. However, it’s strongly recommended that you apply for your consent order as soon as possible after obtaining your conditional order, and ideally before your final order is granted. Delays can create several problems:

• Circumstances change – The longer you wait, the more likely it is that one party’s financial situation will change, potentially making agreement more difficult
• Assets may be dissipated – Without a consent order in place, there’s nothing to prevent either party from spending or hiding assets
• New relationships – If either party enters a new relationship or remarries, this can complicate the financial picture
• Ongoing uncertainty – Both parties remain in financial limbo until the consent order is finalised

If you’ve been divorced for some time and never obtained a consent order, it’s not too late. Many people apply for consent orders years after their divorce when they become aware of the ongoing financial risk. However, reaching agreement may be more challenging if circumstances have changed significantly since the divorce. Remember, you need to disclose finances at the time you apply for the consent order and not at the time you separated.

Can a Consent Order Be Changed or Challenged?

Once a consent order has been approved by the court and sealed, it becomes legally binding. Unlike other court orders, a consent order cannot be easily varied or set aside, which is why it’s so important to get it right the first time.

Changing a Consent Order by Agreement

If both parties agree that the consent order should be amended, you can apply for a new order that will replace the original one. To do this, you’ll need to:

• Draft a new consent order reflecting the agreed changes
• Submit it to the court following the same process as the original order
• Include an explanation of why the changes are necessary
• Pay the court fee

When the new consent order is approved, it will supersede the original order. Both orders will remain on the court file, but only the new one will be enforceable.

Challenging a Consent Order

If one party wants to change or challenge a consent order but the other doesn’t agree, the circumstances in which this is possible are very limited. A consent order can only be set aside (cancelled) in exceptional circumstances, including: Material non-disclosure – If one party failed to fully disclose their true financial position when the order was made. For example, if they hid significant assets, substantially undervalued property, or failed to mention an impending promotion or bonus. The non-disclosure must be material (meaning it would have made a difference to the outcome) and the application must be made within a reasonable time of discovering the non-disclosure. Fraud or misrepresentation – If one party provided deliberately false information, such as significantly inflating debts that didn’t exist or providing false valuations of assets. Duress or lack of capacity – If the order was signed under duress (significant pressure or threats) or if one party lacked mental capacity to understand what they were agreeing to due to mental illness or other incapacity. Barder events – Very exceptional circumstances where something completely unforeseen happens soon after the order is made that undermines the entire basis of the agreement. The classic example is the death of one party shortly after the order is made, but this principle has been applied in other extreme situations. Supervening event – In rare cases, a completely unexpected event that occurs soon after the order is made might justify setting it aside. Examples might include a sudden major inheritance or, controversially, a large lottery win.

Variation of Spousal Maintenance

While the capital provisions in a consent order cannot normally be varied, provisions for ongoing spousal maintenance can be varied if there’s a significant change in circumstances. Either party can apply to vary maintenance if:

• The paying party’s income has significantly decreased
• The receiving party’s income has significantly increased
• The receiving party has remarried or entered a new relationship
• There are unexpected changes in living costs or needs

They can also make a claim that the spousal maintenance is capitalised, i.e. it is paid in one lump sum.