All You Need To Know About Divorce Financial Consent Orders
Article summary
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A Financial Consent Order is issued by the courts and makes divorce financial settlements legally binding
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Without a Consent Order, you may be open to financial claims from your ex-partner for years after divorce
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Judges approve consent orders only if they are fair and based on proper disclosure
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The process involves negotiation, full financial disclosure, and a court fee
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Clean break orders permanently end financial ties, even where no assets exist
What is a Financial Consent Order?
A divorce financial Consent Order is a legal document issued by a family court judge that formally records the financial settlement agreement between divorcing spouses. It can cover the division of assets such as the family home, savings, investments, pensions, and maintenance. Once issued by the court, the order becomes legally binding and can be enforced if either party fails to comply.
Do I need a divorce Financial Consent Order?
It is always recommended to get a Consent Order because even if you and your ex-spouse agree on terms amicably, the agreement is not legally binding and cannot be enforced. The other reason to get a Consent Order is that without one, financial claims against you by your ex-spouse remain open indefinitely.
The well-known case of Wyatt v Vince in 2025 is a good example of what can happen if no Consent Order exists. In this case, Ms Vince, the ex-wife of Dale Vince, the owner of the green energy company Ecotricity, which is now said to be worth at least £57million, successfully brought a financial claim against him almost 20 years after the divorce because no order had been made. In this case, Ms Wyatt received a lump sum of £300,000 in full and final settlement.
Having a Consent Order gives you certainty that your financial matters have been resolved. It prevents either party from making further claims and gives both sides the reassurance that what has been agreed will stand.
When can I apply for a Divorce Financial Consent Order?
You can request a Consent Order when or after you apply for your divorce; however, it is normally recommended to do so once you have your Conditional Order. This is because the courts will not approve a Consent Order before this point has been reached. It is also recommended to get your Consent Order before your divorce has been finalised (i.e. when you have your Final Order). Waiting until after your divorce has been finalised can lead to adverse financial consequences, including in relation to pensions.
How to get a Financial Consent Order
The process of securing a Financial Consent Order following divorce generally involves three key stages:
1. Negotiate the division of pensions, property, savings, and investments either directly, through solicitors, or via mediation.
2. Once an agreement has been reached, your Solicitor will draft:
a. The Consent Order signed by both parties
b. A Statement of Information (Form D81), setting out full financial disclosure. This form is essential in ensuring that the agreement reached and documented in the Consent Order is transparent and fair.
c. A notice of an application for a Financial Order.
d. You also need to provide two photocopies of the signed original,
3. The various documents are then submitted to HMCTS Financial Remedy with an application fee of £60.
4. A judge then reviews the order. If the terms appear fair, it will be approved. Judges can ask questions, request clarification, or refuse approval if the deal is one-sided or fails to provide for children. In most cases, a court hearing is not required.
Once approved, the order is legally binding and enforceable.
Consent order approval usually takes between 4 and 8 weeks, depending on the backlog in the courts and whether negotiations are straightforward or contested.
What are the risks of divorcing without a Financial Consent Order?
Choosing not to obtain a consent order leaves both parties exposed, potentially leading to:
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Future claims - An ex-spouse can apply for financial provision years or even decades later
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Unenforceable agreements - Informal settlements reached privately cannot be enforced by law.
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Financial uncertainty - Without legal closure, either party may face uncertainty, conflict, or new disputes.
Final words
A divorce financial Consent Order brings certainty and closure to financial matters after separation. Without one, you remain financially linked to your ex-spouse long after divorce, with the risk of unexpected claims arising in the future. By negotiating terms, completing disclosure, and securing court approval, both parties can move forward knowing that their financial settlement is legally binding and final.
Guillaumes LLP Solicitors is a full-service law firm based in Weybridge, Surrey. Our highly experienced family law team can assist you in relation to divorce financial consent orders. To make an appointment, please contact us on 01932 840 111.
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FAQs
Do I need a consent order if my ex-partner and I have agreed on everything amicably?
Yes. Informal agreements are not enforceable unless sealed by the court.
Can the court reject our agreed Consent Order?
Yes. A judge must be satisfied that the agreement is fair, particularly if children are involved.
How long does a Consent Order take?
Typically, 4 to 8 weeks, depending on the court’s backlog.
What happens if I don’t get a consent order?
Your ex-spouse can make financial claims years later, and informal agreements carry no legal force.
Is there a difference between a consent order and a clean break order?
A clean break order is a type of consent order that ends all future financial claims between the parties.
What forms are required to get a Consent Order after divorce?
You will need:
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Form A (application)
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Form D81 (Statement of Information)
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Notice of an application for a financial order
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Your draft Consent Order.