If you and your husband, wife or civil partner have agreed how your finances should be divided following divorce or dissolution of a civil partnership, it is important to have the agreement recorded in a financial settlement consent order and approved by the Family Court.
Simply reaching an agreement between yourselves does not normally make the financial settlement legally binding. To make an agreed financial settlement legally enforceable, a draft consent order should be prepared and submitted to the court for approval.
At Premium Solicitors, our specialist divorce and family law solicitors can assist with the preparation and submission of a financial settlement consent order following divorce or dissolution proceedings. We can ensure that the terms you have agreed are accurately reflected in a professionally drafted court order and that the appropriate documents are submitted to the Family Court.
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What Is a Financial Settlement Consent Order?
A financial settlement consent order is a legally binding court order setting out the financial agreement reached between divorcing spouses or separating civil partners.
A consent order can deal with the division of matrimonial assets and ongoing financial arrangements, including:
- the family home and other properties;
- sale or transfer of property;
- lump sum payments;
- savings and investments;
- pensions and pension sharing;
- spousal maintenance;
- business interests and other assets; and
- a clean break from future financial claims, where appropriate.
Government guidance confirms that a consent order can record arrangements relating to property, pensions, savings, investments and maintenance payments.
Once the order has been approved by a judge and becomes effective, its terms are legally binding and can generally be enforced if one party fails to comply with their obligations.
Why Do You Need a Consent Order After Divorce?
Obtaining a divorce and resolving your financial claims are two separate legal issues.
A Final Order in divorce proceedings legally ends the marriage, but it does not by itself record or determine how the matrimonial finances should be dealt with.
If you have reached an agreement about your property, savings, pensions or other financial matters, obtaining a financial consent order provides legal certainty and helps protect both parties against disputes about the agreed settlement in the future.
GOV.UK expressly advises that an agreed financial arrangement needs to be incorporated into a consent order and approved by the court to make it legally binding and enforceable.
A properly drafted consent order is therefore particularly important where the parties wish to achieve a clean break financial settlement.
What Is a Clean Break Consent Order?
A clean break consent order is designed to bring the parties' financial claims against each other to an end, so far as legally appropriate.
A clean break can prevent one former spouse from making certain financial claims against the other in the future. The precise scope of the clean break will depend on the circumstances of the case and the wording of the order.
Section 25A of the Matrimonial Causes Act 1973 requires the court to consider whether it is appropriate to exercise its powers so that the parties' financial obligations towards each other are terminated as soon as the court considers just and reasonable.
A clean break may be appropriate where, for example:
- both parties are financially independent;
- assets have already been divided;
- neither party requires ongoing spousal maintenance;
- a property has been transferred or sold;
- an agreed lump sum has been paid or is to be paid; or
- the parties simply want certainty that financial claims between them are concluded.
Whether an immediate clean break is appropriate depends on the individual circumstances of the case.
What Can Be Included in a Financial Consent Order?
The terms of every financial settlement are different. Depending on what has been agreed, a consent order may include provisions concerning:
Transfer of the Family Home
The matrimonial home may be transferred into the sole name of one spouse, potentially subject to arrangements concerning the mortgage and any lump sum payable to the other party.
Sale of Property
The order can provide for a property to be sold and specify how the net proceeds of sale are to be divided.
Lump Sum Payments
One spouse may agree to pay the other a specified lump sum, either immediately or by an agreed date.
Savings and Investments
The order can specify how savings, investments and other financial assets are to be retained, transferred or divided.
Pension Sharing
Where the settlement includes a pension sharing arrangement, the consent order can provide for a specified percentage of one party's pension rights to be transferred for the benefit of the other party.
Pensions require particular care because the timing of the divorce and financial order can have significant financial consequences. Government guidance recommends dealing with the consent order after the Conditional Order but generally before obtaining the Final Order, particularly where pensions are involved.
Spousal Maintenance
Where appropriate, the consent order may provide for one former spouse to make regular maintenance payments to the other for a specified period or potentially on another basis permitted by law.
Clean Break Provisions
Where appropriate, the order can dismiss future financial claims between the parties and provide financial finality.
Does the Court Automatically Approve a Financial Consent Order?
No. Although the parties have agreed the settlement, the Family Court still has responsibility for deciding whether the proposed order should be approved.
The parties are required to provide financial information to the court so that a judge can consider the proposed settlement. HMCTS Form D81 — Statement of Information for a Consent Order — is specifically designed to provide information about the parties' financial positions so that the court can consider whether their proposed financial arrangements are fair.
There is usually no court hearing for a straightforward application for a consent order. A judge will normally consider the documents on paper. If the judge considers the proposed order fair, it can be approved. If the judge has concerns, the court may ask questions, request further information or require amendments before approving the order.
What Does the Court Consider When Approving a Consent Order?
Even where both spouses agree to the settlement, the court does not simply act as a rubber stamp.
When considering financial provision following divorce, the court has regard to the circumstances of the case and the statutory considerations contained in section 25 of the Matrimonial Causes Act 1973.
These include matters such as:
- the income and earning capacity of each party;
- property and other financial resources;
- current and foreseeable financial needs;
- the standard of living enjoyed during the marriage;
- the ages of the parties;
- the duration of the marriage;
- any physical or mental disability;
- contributions made or likely to be made to the welfare of the family;
- conduct, where it would be inequitable to disregard it; and
- the value of benefits which a party may lose as a result of the divorce.
The court's assessment is fact-sensitive, and what represents a fair settlement in one divorce may be very different from another.
When Can You Apply for a Financial Consent Order?
You can begin dealing with financial arrangements during the divorce proceedings.
However, although an application for approval can be initiated earlier, the court cannot approve the financial consent order until the Conditional Order in the divorce has been made.
Government guidance states that it is usually simpler to obtain approval after the Conditional Order but before applying for the Final Order.
This sequencing can be particularly important where the settlement involves pensions or other assets whose treatment may be affected by the legal termination of the marriage.
Should I Get a Consent Order Before the Final Order of Divorce?
Where possible, it will often be sensible to resolve the financial arrangements before applying for the Final Order.
The appropriate timing depends on the circumstances of your case. In particular, care should be taken where the settlement involves:
- pension sharing;
- death benefits;
- property transfers;
- significant investments;
- inheritance considerations; or
- other substantial financial assets.
GOV.UK specifically cautions that applying for approval of a financial consent order after the Final Order can have financial consequences, particularly in relation to pensions.
Our family law solicitors can advise you about the appropriate timing based on your individual circumstances.
What Documents Are Required for a Consent Order?
A typical application for approval of an agreed financial settlement will involve documents including:
Draft Financial Consent Order
This contains the detailed legal terms of the agreement reached between the parties.
Form D81 – Statement of Information for a Consent Order
This provides the court with financial information about both parties and the effect of the proposed settlement. HMCTS states that Form D81 is used to help the court decide whether the agreed financial and property arrangements are fair.
Application for a Financial Order
The appropriate application must also be submitted to the court.
The Family Procedure Rules and associated Practice Direction require an application for a consent order to be accompanied by the draft order and financial information from the parties.
Depending on the proposed settlement, further documents may also be necessary.
Do I Need Form E for a Consent Order?
Where both parties have already reached an agreement and are applying for a consent order, the procedure is different from a fully contested financial remedy application.
A comprehensive Form E financial statement is therefore not automatically required simply because the parties are seeking approval of an agreed consent order. However, appropriate financial disclosure remains extremely important.
The parties should understand each other's financial positions before entering into a settlement, particularly where significant property, pensions, businesses, investments or other assets are involved.
The court will also require the relevant financial information for the consent order application, including the information required through Form D81.
How Much Is the Court Fee for a Financial Consent Order?
The current HMCTS court fee for an application by consent for a financial order is £62, as at August 2026. Court fees can change, so the applicable fee should always be checked when the application is submitted.
This court fee is separate from any legal fees charged for advice, drafting and submitting the consent order.
How Long Does a Financial Consent Order Take?
The time required will depend on factors including:
- how quickly the parties finalise the agreed terms;
- whether all necessary financial information is available;
- the complexity of the settlement;
- whether pensions or property transfers are involved;
- court processing times; and
- whether the judge raises any queries about the proposed order.
A straightforward agreed consent order will normally be dealt with without a hearing, although the court can request further information or amendments before approving it.
Can We Draft a Consent Order Ourselves?
It is possible for separating spouses to reach their own financial agreement. However, drafting the actual financial consent order is a specialist legal drafting exercise.
The wording needs to accurately implement the agreement and deal with matters such as:
- timing of payments;
- property transfers;
- mortgage liabilities;
- sale provisions;
- pension implementation;
- spousal maintenance;
- enforcement;
- undertakings; and
- dismissal of future financial claims.
An incorrectly drafted order may fail to achieve the intended clean break or may cause difficulties when the parties later attempt to implement the settlement.
GOV.UK expressly recognises that parties can obtain legal advice and ask a solicitor to draft their consent order.
Consent Order After an Amicable Divorce
A consent order is just as important where the divorce is amicable.
In fact, if you and your former spouse have already agreed everything, obtaining a professionally drafted consent order can be a relatively straightforward way of converting that agreement into a binding court order.
It can help both parties move forward knowing that the financial arrangements have been formally recorded.
Consent Order After Mediation
If you have reached a financial settlement through family mediation, the agreement reached at mediation does not itself become a court order merely because both parties accepted it.
The agreed financial terms can be converted into a draft consent order and submitted to the Family Court for approval. The Family Procedure Rules specifically make provision for financial agreements reached through mediation to be made the subject of a consent order.
Our solicitors can review the terms agreed through mediation and prepare the necessary financial consent order.
Financial Consent Order After Divorce Has Been Finalised
If you have already obtained your Final Order of divorce but never obtained a financial order, it may still be possible to deal with outstanding financial matters.
However, obtaining the Final Order before resolving financial issues can sometimes create complications, particularly in relation to pensions. GOV.UK specifically identifies potential financial consequences where approval is sought after the Final Order.
You should therefore obtain legal advice about your particular circumstances before proceeding.
What Happens If My Ex Refuses to Sign the Consent Order?
A consent order can only proceed by consent if both parties agree to its terms.
If you previously reached an agreement but your former spouse subsequently refuses to cooperate with the preparation or submission of the consent order, legal advice should be obtained promptly.
Depending on the circumstances, it may be possible to negotiate further, use non-court dispute resolution or make an application to the Family Court for a financial remedy.
Current Family Procedure Rules encourage parties to try to resolve financial disputes outside court where appropriate and to exchange relevant financial information before commencing contested financial remedy proceedings.
What Happens If the Consent Order Is Not Followed?
Once a financial consent order has been approved and has taken legal effect, both parties are expected to comply with its terms.
If one party fails to make a required payment, transfer property or comply with another enforceable obligation, court enforcement proceedings may be available depending on the nature of the breach.
HMCTS provides specific procedures for enforcement of financial and monetary orders made by the Family Court.
It is therefore important that the consent order is drafted clearly and precisely from the outset.
Why Choose Premium Solicitors for Your Financial Consent Order?
Our divorce and family law solicitors can assist you with all aspects of an agreed financial settlement, including:
- reviewing the financial agreement you have reached;
- advising on the legal effect of the proposed settlement;
- advising whether clean break provisions are appropriate;
- drafting a financial settlement consent order;
- dealing with property, lump sum and maintenance provisions;
- dealing with pension sharing provisions;
- preparing the relevant court documentation;
- assisting with Form D81;
- submitting the consent order application to the Family Court; and
- responding to any queries raised by the judge.
Whether you have reached an agreement directly with your former spouse, through solicitors, during mediation or following negotiations, we can help convert your agreement into a properly drafted and legally binding financial order.
Speak to Our Financial Settlement Consent Order Solicitors
If you have agreed a financial settlement following divorce or dissolution of a civil partnership, our specialist family law solicitors can help you obtain a financial settlement consent order from the Family Court.
We can advise you about your proposed settlement, prepare the necessary consent order and court documents and guide you through the process until the application has been determined.
Contact Premium Solicitors today for advice and assistance with your financial settlement consent order.
FAQs - Financial Settlement Consent Orders
The following are various Frequently Asked Questions (FAQs) about a financial consent order in a divorce or civil partnership in England and Wales:
What is a financial settlement consent order?
A financial settlement consent order is a court order recording an agreement reached between divorcing spouses or civil partners about their finances. Once approved by the Family Court and effective, it makes the agreed financial arrangements legally binding.
Do I need a consent order if we have already agreed everything?
It is generally advisable. An informal agreement between spouses does not provide the same legal protection as a financial order approved by the court. Government guidance confirms that an agreed financial settlement must be incorporated into a consent order and approved by the court to make it legally binding.
Do I need a consent order if there are no assets?
A consent order may still be valuable even where there are few or no assets to divide. Depending on the circumstances, a clean break order can formally dismiss certain future financial claims between the former spouses.
Can a consent order include a clean break?
Yes. Where appropriate, a consent order can include provisions dismissing future financial claims and creating an immediate or deferred clean break between the parties.
Can a consent order include a pension sharing order?
Yes. A financial consent order can include pension sharing provisions where this forms part of the agreed settlement. Pension arrangements require careful drafting and implementation.
Can a consent order transfer the family home?
Yes. A consent order can provide for the matrimonial home or another property to be transferred from joint names into one party's sole name, subject to the agreed terms and any necessary mortgage arrangements.
Can a consent order require the family home to be sold?
Yes. The order can provide for sale of the property and specify how the mortgage, sale costs and remaining net proceeds are to be dealt with.
Does a judge have to approve our financial agreement?
Yes. The proposed consent order must be considered by the Family Court. The judge will consider the financial information supplied and may approve the order, request additional information or require changes if the proposed settlement does not appear fair.
Will I have to attend court for a consent order?
Usually not. Straightforward applications for an agreed financial consent order are normally considered by a judge on the papers without a hearing.
When should I apply for the consent order?
The court cannot approve the order before the Conditional Order in the divorce. It is generally sensible to deal with the financial order before obtaining the Final Order, particularly where pensions are involved.
How much is the court fee for a financial consent order?
As at August 2026, the HMCTS court fee for an application by consent for a financial order is £62. Court fees are subject to change.
Can I apply for a consent order after my divorce is final?
Potentially, yes. However, there can be financial consequences from finalising the divorce before resolving the financial arrangements, particularly in cases involving pensions. You should obtain legal advice based on your circumstances.
What is the difference between a financial agreement and a consent order?
A financial agreement records what the parties have agreed. A consent order is the document approved by the Family Court which gives the agreed financial arrangements the status of a court order.
Can Premium Solicitors draft a consent order if we have already agreed everything?
Yes. If the terms of your financial settlement have already been agreed, our family law solicitors can advise on the agreement, prepare the financial consent order and relevant court documents and assist with submitting the application for approval.
