Article | Funding Your Divorce: Costs Explained

Key Takeaways

A consent order is a legally binding court document that formalises financial agreements between divorcing parties
You need a consent order to prevent future financial claims and make your divorce settlement enforceable by law
The court approval process typically takes 4-10 weeks and costs £53 in court fees
Both parties must provide full financial disclosure, and the agreement must be deemed fair by a judge
Even couples with no assets should consider a clean break consent order to dismiss future claims

When divorce proceedings begin, many couples focus solely on ending their marriage – but what happens to your financial future? Without proper legal documentation, your former spouse could potentially make financial claims against you years or even decades after your divorce is finalised. This is where a consent order becomes essential.

Understanding consent orders is crucial for anyone going through divorce proceedings. This comprehensive guide will explain what a consent order is, why you need one, the different types available, and how to navigate the application process. Whether you’re dividing substantial financial assets or simply want to ensure a clean break, this legal document provides the protection and peace of mind you need to move forward with your life.

What is a Consent Order?

A consent order is a legally binding document sealed by the court that records financial agreements between divorcing parties. This legal document transforms private agreements into enforceable court orders, ensuring that both parties are legally bound to honor the terms they’ve agreed upon.

The consent order covers the division of all financial assets, including property, pensions, savings accounts, investments, and any ongoing maintenance arrangements. It can also address the allocation of debts and specify whether either party will receive spousal support. Importantly, while child maintenance can be included in a consent order, it’s only legally binding for 12 months before the Child Maintenance Service may become involved.

It’s essential to understand that divorce proceedings and financial arrangements are separate legal processes in family law. You can obtain your decree absolute (the final divorce decree) without having a financial order in place, but this leaves you vulnerable to future financial claims from your former spouse. The court process for financial matters operates independently of the divorce itself, which is why many couples seek independent legal advice to ensure both aspects are properly handled.

A consent order differs significantly from informal agreements or private documents. While you and your former spouse might trust each other to honour verbal agreements or separation agreements, these arrangements are not legally binding or enforceable through the courts. Only a consent order approved by a judge carries the full weight of the law.

Why Do You Need a Consent Order in Divorce?

The primary reason you need a consent order is to prevent future financial claims. Without this legally binding document, either party can make financial claims against the other years or even decades after the divorce is finalised. This risk exists regardless of how amicable your divorce may be or whether you currently have significant assets.

The famous Wyatt v Vince case demonstrates this risk perfectly. In this landmark case, a former wife successfully claimed financial provision from her ex-husband nearly two decades after their divorce, despite having agreed to a clean break at the time of separation. The lack of a proper financial order meant that financial ties between the parties had never been legally severed, allowing for this later claim.

Without a consent order, your financial agreement remains vulnerable to changes in circumstances. If your former spouse experiences financial difficulties or if you become more successful financially, they could potentially make claims against your assets, property, or income. This uncertainty can persist indefinitely, affecting your ability to make financial decisions with confidence.

A consent order provides legal protection and prevents future disputes by creating finality in your financial arrangements. Once the court approves your financial agreement, both parties are legally bound by its terms. If one party breaches the order, the other has immediate recourse through the courts for enforcement. This legal framework transforms uncertain private agreements into enforceable obligations.

The document also provides clarity for third parties, such as mortgage lenders, pension providers, and financial institutions. When you need to prove your financial arrangements for future transactions, a sealed consent order serves as definitive legal proof of your agreements.

Types of Consent Orders

There are two main types of consent orders available to divorcing couples, each serving different circumstances and financial situations.

Financial Consent Orders

A comprehensive financial consent order addresses all aspects of your financial arrangements. This type of order can include property division, where the family home might be transferred to one party or sold with proceeds divided according to agreed percentages. It can also cover pension sharing arrangements, where one party’s pension benefits are shared with the other, and spousal maintenance provisions for ongoing financial support.

Lump sum payments can be specified within financial consent orders, whether paid immediately or at future dates. The order might also address the division of savings, investments, business interests, and other financial assets. Importantly, it can allocate responsibility for existing debts and specify how these will be managed going forward.

When drafting a financial consent order, it’s crucial to consider both immediate and future financial needs. The arrangement might include provisions for varying circumstances, such as changes in income or retirement. However, any significant modifications to the order typically require mutual agreement and re-application to the court.

Clean Break Consent Orders

A clean break consent order severs all financial ties between parties, meaning neither can make future claims against the other’s assets, income, or estate. This type of order is particularly appropriate when both parties have similar incomes, there are no dependent children requiring ongoing support, or when both parties mutually agree to complete financial independence.

Clean break orders can be immediate, where all financial arrangements are settled upon the order being made, or deferred, where there might be fixed-term spousal maintenance that ends on a specified date. Even in cases where there are minimal financial assets to divide, a clean break consent order is often recommended to formally dismiss any potential future claims.

The beauty of a clean break lies in its finality. Once approved, it prevents future financial claims, including potential claims against inheritance or life insurance benefits. This provides both parties with complete financial freedom to rebuild their lives without concern about future obligations to their former spouse.

For couples with children, a clean break doesn’t affect child maintenance obligations, which continue regardless of the parents’ financial arrangements with each other. Child support remains a separate matter governed by different legal principles focused on the child’s best interests.

When to Apply for a Consent Order

Timing is crucial when applying for a consent order. You must have active divorce proceedings with a court case number before you can submit your application. The specific timing requirements have changed over the years, so it’s important to understand the current rules.

For divorces filed before April 2022, you needed to wait until the decree nisi had been pronounced before applying for a consent order. The decree nisi was the first stage of the divorce decree, confirming that the court was satisfied that the marriage had broken down irretrievably.

For divorces filed after April 2022, under the new no-fault divorce system, you must reach the conditional order stage before applying. This typically occurs 20 weeks after divorce proceedings start, as there’s a mandatory reflection period built into the new divorce process. The conditional order serves a similar function to the old decree nisi.

However, it’s worth noting that consent orders can be applied for at any time after your divorce is finalised – there’s no deadline. Some couples prefer to resolve their financial arrangements before their decree absolute, while others address these matters afterward. The key consideration is that until you have a consent order in place, potential financial claims remain open.

Many family law solicitors recommend addressing financial arrangements as early as possible in the divorce process. This approach allows couples to achieve certainty about their financial future and can reduce the emotional stress of prolonged financial uncertainty. Early resolution also tends to be more cost-effective than delaying financial discussions.

How to Apply for a Consent Order

The application process for a consent order was significantly modernized in April 2022 with the introduction of an online system. This digital approach has streamlined the process and reduced processing times considerably.

To apply for a consent order, you’ll need to complete several key documents. The draft consent order itself must be precisely worded to capture all aspects of your financial agreement. This legal document forms the heart of your application and will become the binding order once approved by the court.

You’ll also need to complete Form D81, the statement of information, which provides the court with essential details about both parties’ financial circumstances. This form requires comprehensive financial disclosure, including details of income, assets, debts, and living expenses.

Additionally, you must submit Form A, the Notice of Application for a financial order, which formally notifies the court of your intention to seek a financial order. While the process can be completed without legal representation, most experts strongly recommend that both parties seek independent legal advice to ensure the draft consent order is properly drafted and that all potential future claims are appropriately dismissed.

The online application system allows you to submit documents electronically and track the progress of your application. You’ll need to pay the court fee at the time of submission, and the system will generate acknowledgements and updates as your application progresses through the court process.

How Long Does Court Approval Take?

The court approval process typically takes between 4 and 10 weeks, though this can vary depending on several factors. The court’s workload in your local area can significantly impact processing times, with some courts experiencing higher volumes than others.

The complexity of your proposed consent order also affects approval time. Straightforward clean break orders with simple asset division tend to be processed more quickly than complex arrangements involving multiple properties, business interests, or intricate pension sharing arrangements.

Since the digitisation of the consent order process in April 2022, waiting times have generally improved. The electronic system allows for more efficient processing and reduces the administrative burden that previously slowed down applications. Regional variations still exist, but the overall trend has been toward faster processing.

In most cases, no court hearing is required for consent order approval. The judge reviews the application and supporting documents without the parties needing to attend court. However, if the judge has concerns about the fairness of the proposed arrangement or requires clarification on any aspects, they may request additional information or, in rare cases, ask for a court hearing to discuss the terms.

During the review process, the judge will assess whether the proposed financial arrangement is fair to both parties and meets the legal requirements for approval. This assessment considers factors such as the financial needs and resources of both parties, their ages, the length of the marriage, and contributions made during the relationship.

Requirements for a Valid Consent Order

For a consent order to be approved by the court, several mandatory requirements must be met. Full financial disclosure is perhaps the most critical requirement. Both parties must provide complete and honest information about their financial circumstances through Form D81 and supporting documentation.

The importance of independent legal advice cannot be overstated. While not legally required, courts expect that both parties have had the opportunity to seek independent legal advice about the proposed arrangement. This requirement helps ensure that both parties understand the implications of the agreement and are entering into it freely.

The court will assess the fairness of the proposed arrangement using the factors outlined in section 25 of the Matrimonial Causes Act 1973. These factors include the financial needs and resources of both parties, their ages, the length of the marriage, contributions made to the marriage (both financial and non-financial), and the standard of living enjoyed during the marriage.

Judges have the discretionary power to reject orders they deem unfair or to request amendments before approval. The court’s primary concern is ensuring that the arrangement is reasonable and that neither party is being significantly disadvantaged. In cases involving children, the court will also consider whether the arrangement adequately provides for the children’s needs.

If your proposed consent order doesn’t meet the court’s standards, the judge may request modifications or guide on what changes are needed for approval. This feedback process helps ensure that the final order meets legal requirements and provides appropriate protection for both parties.

Costs Involved

The court fee for a consent order application is £53, which must be paid when submitting your application. This relatively modest fee makes consent orders accessible to most divorcing couples and represents excellent value for the legal protection provided.

Solicitor fees vary significantly based on the complexity of your case and the level of legal involvement required. Simple cases where couples have already reached an agreement might require only basic document drafting assistance, while complex financial arrangements involving multiple assets, businesses, or pension sharing may require extensive legal work.

It’s important to budget for independent legal advice costs for both parties. Even if you work with the same solicitor firm to draft the documents, both parties should have separate legal representation to review the terms and ensure their interests are protected. This dual representation helps prevent future challenges to the order and ensures the court’s requirements are met.

Compared to contested court proceedings, consent orders represent significant cost savings. Contested financial cases can take 12 months or longer to resolve and often involve substantial legal fees, court costs, and expert witness expenses. The collaborative approach of consent orders typically results in much lower overall costs while providing the same legal protection.

Many solicitors offer fixed-fee services for straightforward consent order applications, providing cost certainty from the outset. This transparent pricing approach helps couples budget effectively for their legal costs and avoid unexpected expenses during the divorce process.

What Happens After Approval?

Once your consent order is approved, you’ll receive an email notification through the online system. The sealed consent order documents can then be downloaded from your online account, providing immediate access to your legally binding financial agreement.

The sealed consent order becomes immediately enforceable, meaning both parties are legally bound by its terms. If one party breaches the order – such as failing to transfer property, make maintenance payments, or comply with other specified terms – the other party has direct recourse through the courts for enforcement.

Enforcement mechanisms available include attachment of earnings orders for unpaid maintenance, charging orders against property, and in serious cases, committal proceedings for contempt of court. These enforcement tools ensure that consent orders have real teeth and that non-compliance has meaningful consequences.

Consent orders remain valid indefinitely unless varied by a further court order. However, some terms within the order may be subject to future variation in exceptional circumstances. For example, spousal maintenance provisions might be reviewable if there are significant changes in circumstances, though the threshold for such variations is typically high.

The finality provided by an approved consent order allows both parties to move forward with confidence in their financial arrangements. Banks, mortgage lenders, and other financial institutions will recognise the sealed order as definitive proof of your financial agreements, facilitating future financial transactions and planning.

FAQ

Can you get divorced without a consent order?
Yes, you can complete your divorce proceedings without a consent order since divorce and financial arrangements are separate legal processes. However, this approach leaves financial claims open indefinitely. Without a consent order, either party can potentially make financial claims against the other years or decades after the divorce is finalized, regardless of informal agreements made at the time of separation.

Can a consent order be changed after court approval?
A consent order can only be amended if both parties agree to re-draft the agreement and resubmit it for court approval. In exceptional circumstances, such as non-disclosure of assets or fraud, a consent order might be set aside by the court. However, the threshold for challenging an approved consent order is high, and generally, the order provides finality to financial arrangements.

Do I need a consent order if we have no financial assets?
Yes, a clean break consent order is recommended even when couples have minimal or no assets. This type of order formally dismisses any future financial claims between parties, preventing potential claims if circumstances change in the future. The modest £53 court fee provides excellent value for this long-term financial protection.

What happens if the judge rejects our consent order?
If a judge considers the proposed arrangement unfair or legally inadequate, they may request amendments before approval or reject the order entirely. The judge will typically provide guidance on what changes are needed, such as adjusting financial provisions or improving disclosure. You can then revise the order according to the judge’s feedback and resubmit for approval.

How long is a consent order valid for?
A consent order remains valid indefinitely unless varied by a further court order. The legally binding document continues to govern the financial arrangements between the parties permanently. While some specific terms, like maintenance, may be subject to variation in exceptional circumstances, the core financial arrangements typically provide a permanent resolution to the parties’ financial relationship.

Divorce is never an easy decision. Even when both partners agree that separating is the right step, it can still be an emotional and life-changing process. At Edwards Family Law, we understand that every marriage is unique – and so are the reasons it might come to an end.

Since April 2022, the UK has had a no-fault divorce system. This means couples no longer have to prove one spouse did something “wrong” to obtain a divorce. But while you don’t need to give a legal reason anymore, couples still separate for deeply personal reasons. The reasons for divorce cited in divorce applications still provide valuable insight into why marriages end, and statistical data show which issues are most frequently reported.

Understanding No-Fault Divorce

Under the Divorce, Dissolution and Separation Act 2020, which came into effect in April 2022, you can now divorce by making a Statement of Irretrievable Breakdown. This simply means you confirm that your marriage has permanently broken down.

Before this change, you had to rely on one of five grounds, also known as the five grounds for divorce, as the legal basis required to end your marriage. Each ground for divorce, such as adultery or unreasonable behaviour, had to be proven to support your case. The new process removes the need for blame, reduces conflict, and allows either one spouse or both together to apply. Under the old system, the cited ground or reason for divorce (for example, adultery or unreasonable behaviour) had to be specified in the application.

The steps are:

Apply for divorce after at least 12 months of marriage.
Serve the application to your spouse (often by email).
Wait a 20-week reflection period before applying for a Conditional Order.
After a further 6 weeks, apply for the Final Order, which legally ends the marriage.
Even with this simpler process, deciding to divorce can be overwhelming. Below, we explore the most common reasons people make that decision.

The Divorce Process

The divorce process in the UK has been transformed by the Divorce, Dissolution and Separation Act 2020, which introduced the no-fault divorce system. This new approach means that couples no longer need to assign blame or cite specific grounds for divorce, such as adultery or unreasonable behaviour. Instead, the process begins with a simple statement of irretrievable breakdown, confirming that the marriage has permanently broken down and cannot be repaired.

Either one spouse or both together can make this declaration, and there is no need to provide evidence or justify the decision. This shift has made the divorce process more straightforward and less confrontational, helping divorcing parties to focus on moving forward rather than dwelling on past grievances. The new system is designed to reduce conflict, streamline the process, and allow couples to separate with greater dignity and respect.

By removing the need to prove specific grounds for divorce, the law recognises that relationships can end for many reasons, and that the most important step is acknowledging when a marriage is irretrievably broken. This modern approach to divorce law aims to support couples through a difficult time with less stress and fewer obstacles.

The Most Common Reasons People Choose to Divorce

While no-fault divorce means you don’t have to prove these in court, they remain some of the most frequent issues that lead couples to separate in the UK.

Infidelity

Cheating is one of the most emotionally painful reasons for divorce. Discovering a betrayal often shatters trust beyond repair and can have a significant emotional impact on both partners, affecting the stability of the relationship and the divorce process.

For some couples, counselling or open communication can help rebuild trust. For many others, the hurt and loss of respect make continuing the marriage impossible.

Lack of Connection and Commitment

A healthy marriage or relationship needs shared values, emotional closeness, and the willingness to work through challenges together, not just connection and commitment, but also shared interests and goals. Over time, couples may find their priorities have shifted.

Different ideas about parenting, finances, or life goals can create distance between partners and lead to conflict. While the saying “opposites attract” is popular, lasting relationships often require more than just initial differences; shared values and commitment are key to enduring partnerships.

This lack of commitment can show up as spending less time together, feeling like “roommates”, or one partner carrying the emotional load. Without mutual effort, the bond can weaken to the point where separation feels inevitable.

Financial Problems and Debt

Money isn’t just about numbers – it’s about values, priorities, and security. Disagreements about spending, saving, or debt can put strain on even the strongest relationships. Money issues, money problems, and money troubles are frequent sources of conflict in marriages.

For example, one partner might take financial risks that cause stress, while the other prefers stability. In difficult economic times, these differences can feel sharper and harder to resolve. Financial difficulties can erode trust and threaten financial stability in a relationship. Financial incompatibility often becomes a major factor in the decision to part ways.
Reaching a fair financial settlement during divorce proceedings is crucial to ensure both parties’ interests are protected.

Poor Communication

When communication breaks down, misunderstandings grow, resentment builds, and small disagreements can turn into recurring conflict. Communication problems are a major cause of relationship breakdown, often leading to emotional neglect and unresolved issues.

Poor communication can mean constant arguments, avoiding difficult conversations, or not listening to each other’s needs. Constant arguing is a common result of poor communication and can be emotionally exhausting for both partners. Over time, couples may feel unheard or unvalued – and this emotional distance can be just as damaging as any practical problem.

Growing Apart

People change over the years. Interests, life goals, and personal values evolve – and sometimes partners grow in different directions. Sometimes, couples can no longer find common ground, making reconciliation difficult.

This can be especially noticeable after big life changes, such as children leaving home, career shifts, or retirement. What once felt like a close partnership can start to feel more like two separate lives. For some couples, that gap can’t be bridged. In some cases, a continuous period of separation is required to establish grounds for divorce based on desertion.

Abuse

Abuse can take many forms – including domestic violence, domestic abuse, physical abuse, emotional abuse, and verbal abuse, as well as coercive control such as restricting access to money or isolating a partner from friends and family.

Abuse is never acceptable. In such cases, the victim may need legal protection from the other party. Divorce can help victims regain control of their lives and ensure their safety. Legal protection, such as injunctions or occupation orders, may also be available.

Child Arrangements

When children are involved, making child arrangements is one of the most important parts of the divorce process. The family court always puts the welfare and best interests of the child first, encouraging parents to reach agreements about where the child will live, how much time they will spend with each parent, and other key aspects of their upbringing.

Ideally, parents can work together to agree on child arrangements without needing to go to court. However, if an agreement cannot be reached, the family court may step in to make decisions about residence, contact, and other issues affecting the child’s well-being. The court considers the child’s physical, emotional, and psychological needs above all else.

Navigating child arrangements can be challenging, especially during an emotional time. Seeking professional advice from a family law solicitor can help you understand your rights and responsibilities, and ensure that the arrangements made are in the best interests of your children. With the right support, you can work towards a solution that provides stability and security for your family.

Civil Partnership and Divorce

Civil partnerships have provided same-sex couples in the UK with a legally recognised relationship since 2004, offering many of the same rights and responsibilities as marriage. Since the introduction of same-sex marriage in 2014, civil partnerships are less common.

The divorce process for civil partnerships is now almost identical to that for marriages, thanks to the introduction of no-fault divorce. Couples in a civil partnership can end their relationship by making a statement of irretrievable breakdown, without needing to cite specific grounds or assign blame. This process is governed by the same laws and principles as marriage divorces, making it simpler and less adversarial for all involved.

When to Seek Support

Deciding to end a marriage is rarely about one single event – it’s often the result of many smaller issues building over time. Recognising patterns such as persistent unhappiness, loss of trust, or repeated conflict is important.

You don’t have to wait until things reach a crisis point. Speaking to a specialist family law solicitor early can help you understand your options and protect your interests. Family law solicitors can advise on divorce cases and legal separation as alternatives to divorce, depending on your circumstances. Divorcing couples often benefit from early legal advice to ensure their interests are safeguarded throughout the process.

If you’re considering divorce, contact Edwards Family Law today for confidential, expert advice. Our team can guide you through the no-fault divorce process, ensure your financial position is protected, and help make arrangements for children in a way that puts their well-being first.

How Edwards Family Law Can Help

At Edwards Family Law, we specialise in divorce and family matters. We provide:

Clear, practical advice tailored to your situation.
Support through every stage of the no-fault divorce process.
Expertise in financial settlements, property division, and arrangements for children.
A compassionate approach that prioritises your wellbeing and future.
Key points of our approach include guiding you through the divorce procedure, offering advice from a legal perspective, and ensuring you understand your options at every step.

Whether your separation is amicable or more complex, we are here to help you move forward with confidence. Our team can guide you through the entire divorce procedure from a legal perspective, ensuring your interests are protected. We also advise on prenuptial agreements for those planning to marry.

Contact Edwards Family Law

If you are thinking about divorce, or if you have already decided it is the right choice for you, our experienced team is ready to support you.

Every marriage experiences challenges, and many people struggle to decide whether getting a divorce is the right step for them. Deciding to get a divorce is a significant and personal choice, and seeking professional advice can help once you have decided to move forward. As experienced family law solicitors, we know similar warning signs consistently appear before couples seek divorce advice, and understanding these patterns can help you make well-informed decisions about your future, especially if you are considering getting a divorce.

Navigating the divorce process and post-separation issues with an ex-partner can be challenging, as it often involves addressing both legal and emotional aspects to ensure a smoother transition.

If you’re considering a divorce or have questions about the divorce process in England or Wales, contact our team at Edwards Family Law. Getting a divorce involves several legal steps, and our team can help you decide the best approach for your situation. We understand the challenges people face when going through a divorce and the importance of professional guidance. We specialise in complex divorce, and we can guide you through the entire divorce process. Whether you’re looking for a solicitor for divorce or need assistance with divorce mediation, our team is here to help you every step of the way.

Understanding When Your Relationship Has Reached a Breaking Point

Marriage naturally involves ups and downs, but distinguishing between temporary rough patches and fundamental relationship breakdowns requires careful consideration. Deciding between separation and divorce is a major step, and reaching an agreement with your partner can sometimes make the process smoother. When couples finally seek divorce advice, they often realise they’ve been ignoring warning signs for months or even years. The key is recognising these patterns early enough to either address them effectively or make a well-informed decision about your marriage’s future.

Under the current legislation in England and Wales, there is a minimum timeframe of six months for divorce proceedings. There is a mandatory period of twenty weeks from the application stage to conditional order, followed by six weeks from conditional order to final order. This required twenty-week period allows couples the opportunity to reflect before the conditional order is issued, which is when many couples start to feel ‘divorced,’ even though the legal dissolution is not finalised until the final order. This reflection period can also be used for deciding whether to proceed with divorce or consider separation.

Understanding Civil Partnerships and Their Unique Challenges

Civil partnerships are a legally recognised way for two people to formalise their relationship, offering many of the same rights and responsibilities as marriage. However, when it comes to ending a civil partnership, there are unique challenges that can arise during the divorce process. The legal steps for dissolving a civil partnership are similar to those for divorce, but there are important differences in terminology and procedure that can affect your case.

If you are considering ending your civil partnership, it is essential to seek legal advice from a family law solicitor who has experience with civil partnerships, such as our firm. We can guide you through the divorce proceedings, explain the no-fault divorce process, and help you understand your rights and obligations under family law. Navigating the family court system can be complex, especially if there are issues involving children, property, or finances. A solicitor can ensure that your interests are protected and that you follow the correct legal processes from start to finish.

Whether you are dissolving a civil partnership or ending a marriage, the law provides a clear process for reaching a fair outcome. By seeking professional advice early, you can avoid unnecessary complications and make informed decisions about your future. Remember, every family is unique, and a family law solicitor can tailor their advice to your circumstances, helping you achieve the best possible result.

The 7 Essential Warning Signs That Signal It’s Time for Divorce Advice

Sign #1: Communication Has Completely Shut Down

When conversations become forced or disappear entirely, your marriage may be in trouble. If dinner times are silent and you feel like you’re living with a flatmate rather than a life partner, this communication breakdown often signals the need for professional divorce advice.

Healthy marriages require open dialogue, but when one or both partners stop trying to communicate, the relationship becomes emotionally barren. This silence doesn’t just indicate temporary stress; it often reflects deeper issues that require professional intervention to resolve or properly evaluate. Our experienced solicitors regularly encounter clients who describe feeling completely disconnected from their spouse, unable to discuss even basic household matters without tension or complete avoidance.

Sign #2: You Feel Like You’re Constantly Walking on Eggshells

Living in constant fear of your partner’s reactions creates an unhealthy dynamic that destroys intimacy and trust. Whether you’re avoiding conversations due to a partner’s explosive temper or fear of emotional manipulation, walking on eggshells is never acceptable in a healthy relationship.

This behaviour pattern often indicates deeper control issues or emotional difficulties that require immediate attention. Continuing in such an environment puts you at risk of harm to your emotional and physical well-being. If you find yourself changing your behaviour to avoid confrontation, seeking divorce advice can help you understand your options and rights in this situation. Our team at Edwards Family Law understands these complex dynamics and can guide you through the process with sensitivity and expertise.

Sign #3: You’re the Only One Fighting to Save the Marriage

Relationships require effort from both partners, and when only one person is working to maintain the connection, the marriage is destined to fail. If your partner has emotionally checked out whilst you continue making desperate attempts to reconnect, this imbalance signals serious relationship dysfunction.

One-sided efforts create resentment and exhaustion that ultimately damage your mental health and self-worth. Professional divorce advice can help you evaluate whether your marriage has reached a point where continued efforts are counterproductive. We specialise in complex divorce situations and can guide you when it might be time to consider alternative approaches to your relationship difficulties.

Sign #4: Your Personal Identity Has Been Completely Lost

When you’ve lost yourself entirely within your marriage, it may be time to seriously consider seeking divorce advice. Healthy relationships should enhance your identity, not completely absorb it. If you no longer recognise the person you’ve become or feel like you’ve sacrificed everything for a relationship that doesn’t reciprocate, professional guidance becomes essential.

Identity erosion often happens gradually, making it difficult to recognise until the damage becomes severe. This loss of self can impact every aspect of your life, from career decisions to friendships, creating long-term consequences that extend far beyond your marriage. Our solicitors understand the importance of helping clients reclaim their sense of self throughout the divorce process.

Sign #5: You’re Staying Together ‘For the Children’s Sake’

Remaining in an unhappy marriage solely for your children’s benefit often causes more harm than divorce would create. Children naturally absorb the tension and negativity in dysfunctional households, potentially learning unhealthy relationship patterns that affect their future romantic connections.

When parents model unhealthy relationships, children may grow up believing that constant conflict, emotional distance, or toxic dynamics are normal in marriages. Seeking divorce advice can help you understand how to prioritise your children’s wellbeing while making decisions about your marriage’s future. Our team can guide you through divorce mediation and other child-focused approaches to ensure the best outcomes for your family. Making arrangements with the other parent is also an important part of ensuring the best outcomes for your children.

Sign #6: Your Physical and Mental Health Are Deteriorating

Chronic relationship stress can manifest in physical symptoms. When your marriage consistently damages your mental health through anxiety, depression, or constant emotional turmoil, professional divorce advice becomes crucial for your well-being.

Your health should never be sacrificed for a relationship that consistently causes distress. If you’re experiencing persistent health problems that correlate with relationship stress, consulting with professionals about your options can provide clarity about the best path forward. We understand the toll that marital difficulties can take on your overall well-being.

Sign #7: You Feel More Like Roommates Than Life Partners

When emotional and physical intimacy disappears and you’re simply cohabiting without a genuine connection, your marriage has fundamentally changed. If you find yourselves living parallel lives in the same house without meaningful interaction or affection, this disconnection often signals the need for divorce advice.

This roommate dynamic typically develops over time as couples grow apart emotionally. Without shared goals, intimate conversations, or physical affection, the marriage becomes a practical arrangement rather than a loving partnership. Our experienced solicitors can help you evaluate whether this disconnection is temporary or indicates deeper incompatibility.

Serious Red Flags That Demand Urgent Divorce Advice

Domestic Abuse and Violence: When Safety Must Come First

Domestic abuse and violence are serious issues that can affect anyone, including those in civil partnerships. If you are experiencing domestic abuse, your safety and the safety of your children must always come first. There are legal protections available to help you, and it is important to seek support as soon as possible.

A solicitor can help you apply for a court order to protect yourself and your children from further harm. If you are worried about the cost of legal help, you may be eligible for legal aid, which can cover the costs of legal representation and support. There are also organisations and helplines, such as the National Domestic Abuse Helpline, that can provide immediate assistance and practical information.

Remember, you do not have to face this situation alone. Legal professionals are experienced in dealing with cases of domestic abuse and can guide you through the process of securing protection and support. Your well-being and that of your children are the top priority, and there are resources available to help you move forward safely.

Psychological Manipulation and Controlling Behaviour

If your partner uses emotional manipulation, gaslighting, or controlling tactics to dominate the relationship, seeking immediate divorce advice becomes essential. These behaviours often escalate over time and can cause lasting psychological damage.

In some cases, it may be necessary to seek a court order to protect yourself or your children from further harm.

Repeated Infidelity and Broken Trust

When trust has been repeatedly broken through infidelity or other betrayals, professional guidance can help you understand your options and rights. Our team handles these sensitive situations with discretion and expertise.

Social Pressure Is Your Only Reason for Staying

If fear of judgment from family, friends, or community is preventing you from addressing serious marital problems, divorce advice can help you prioritise your genuine wellbeing over external expectations.

Essential Steps Before Making Your Final Decision

Actions to Consider When These Warning Signs Appear

Before making any major decisions, document patterns of behaviour, as this documentation can help you provide evidence if legal action becomes necessary, and consider whether professional counselling might address some issues. However, don’t delay seeking divorce advice if you’re experiencing serious problems.

Mental and Emotional Preparation for Major Life Changes

Understanding the divorce process in England and Wales can help reduce anxiety about the unknown. The mandatory twenty-week reflection period provides time to ensure you’re making the right decision for your circumstances. Typically, a dissolution takes several months from start to finish, but the exact duration can vary depending on factors such as financial settlements, property division, and arrangements for children.

Safeguarding Your Wellbeing and Your Family’s Future

Consider practical matters such as finances, housing, and what will happen to the family home during the divorce process, as well as children’s arrangements. If you are facing financial difficulties during separation, you may be eligible for financial help, such as Housing Benefit, Universal Credit, or other support schemes. Our team can guide you through these complex considerations whilst protecting your interests.

Navigating Family Court Proceedings

The family court process can feel overwhelming, especially if you are unfamiliar with the legal system or facing a difficult divorce. A family law solicitor can help you understand each stage of the divorce process, from filing your application to attending hearings and finalising arrangements for children and finances.

Your solicitor will explain the legal requirements, represent your interests in court, and ensure that your rights are protected throughout the proceedings. They can also help you prepare the necessary documents, gather evidence, and communicate effectively with the court and the other party. Having professional support can make a significant difference in achieving a fair and positive outcome for you and your family.

If you are concerned about any aspect of the process, do not hesitate to ask your solicitor for advice. They are there to guide you through the legal processes and help you make informed decisions at every step.

What to Expect in Court

If your divorce proceedings require you to attend court, it is natural to feel anxious about what to expect. Your solicitor will explain the court process in detail, so you know what will happen at each stage. They will help you prepare your case, organise your documents, and ensure you understand how to present your situation clearly and confidently.

During the hearing, the judge will listen to both sides and make decisions based on the evidence and the law. Your solicitor will be by your side to support you, answer your questions, and help you communicate effectively with the judge. It is important to stay calm, listen carefully, and speak honestly about your circumstances.

Remember, the court is there to ensure a fair process and to protect the interests of everyone involved, especially children. With the right legal support, you can approach your court appearance with confidence and work towards the best possible outcome for your future.

Applying for a Divorce: Your First Legal Step

Taking the first step to apply for a divorce or dissolution of a civil partnership is a significant moment in the divorce process. In England and Wales, you are eligible to apply for a divorce or dissolution if you have been married or in a civil partnership for at least one year. This initial stage involves making a formal divorce application, which can be submitted either jointly with your partner or by yourself if you are ready to move forward independently.

It is important to note that the law changed in April 2022, which has affected the steps and procedures for divorce and dissolution applications.

The divorce process is designed to be as straightforward as possible, but it is still a legal procedure with specific requirements. Whether you are ending a marriage or a civil partnership, understanding your rights and responsibilities from the outset is crucial. Applying for a divorce is not just about ending a legal relationship, it is about setting the foundation for your future, including arrangements for children, finances, and property. If you are unsure about any aspect of the process, seeking legal advice early on can help you make informed decisions and avoid unnecessary complications.

Understanding the Application Process

The process of applying for a divorce or dissolution involves several key steps. First, you will need to prepare and submit your divorce application, which outlines your intention to legally end your marriage or civil partnership. This application can be made online or by post, and it must be served on your partner, who will then have the opportunity to respond.

It is highly recommended to seek legal advice from a family law solicitor before starting the divorce application. A solicitor can explain the legal processes involved, help you understand your rights, and provide guidance on sensitive issues such as domestic abuse, child arrangements, and financial orders. If your situation involves complex family dynamics or concerns about your safety, a family law solicitor can ensure that your interests are protected throughout the process. They can also advise you on the best approach to take, whether that involves mediation, negotiation, or court proceedings.

Key Documents and Requirements

When you apply for a divorce or dissolution, you will need to provide certain essential documents. The most important is your marriage certificate or civil partnership certificate, which proves that your relationship is legally recognised. You will also be asked to provide detailed information about your personal circumstances, including your income, expenses, and any assets you and your partner hold.

If you have children, you will need to outline the current arrangements for their care, including where they live and how much time they spend with each parent. Providing accurate and complete information at this stage is vital, as it helps the court make informed decisions about your case and can prevent delays in the divorce process. Being thorough and honest about your circumstances will also help your solicitor give you the best possible advice and support.

What to Expect After Filing

Once your divorce application has been filed, you will receive confirmation from the court, and your partner will be formally notified. Your partner will then have the opportunity to respond to the application. If they do not respond, the court may proceed with the divorce or dissolution without their input. However, if your partner contests the application or disputes any aspect of the process, you may be required to attend court hearings to resolve the issues.

Throughout this period, it is important to have the support of a family law solicitor, who can represent you in court and help you navigate the legal processes involved. Your solicitor can also connect you with other services and support, especially if you are experiencing domestic violence or need urgent protection for yourself or your children.

Beyond the legal steps, it is essential to consider the emotional and practical impact of divorce, including changes to your living arrangements, finances, and family dynamics. A family law solicitor can provide practical information and guidance tailored to your circumstances, helping you achieve the best outcome for your future. Remember, the divorce process is a journey, and while it can be challenging, the right support can help you move forward with confidence and security.

Why Professional Divorce Advice Becomes Crucial

Navigating Complex Legal Territories and Rights

The divorce process involves numerous legal requirements and deadlines, many of which are handled in family court. Whether you’re looking for a solicitor for divorce or need assistance with divorce mediation, professional guidance ensures you understand your rights and obligations throughout the process.

Strategic Financial Planning for Your New Chapter

Money management is a key part of financial planning during divorce. Divorce involves complex financial considerations, including property division, pension sharing, other assets, and spousal maintenance. Our experienced solicitors can help you understand your financial position and ensure fair settlements that protect your future security.

It is important to assess what you can afford in terms of housing and living expenses after divorce. You should also consider the cost of legal proceedings and plan for these expenses. In some cases, you or your former partner may be required to pay legal fees or maintenance, and these payments need to be arranged clearly. Paying bills and other obligations on time during the transition is essential to avoid further financial stress. Some payments may need to be made or received as part of the settlement, so ensure you are paid what you are owed. If your income changes after divorce, explore eligibility for tax credits or other financial support to help manage your finances.

Building Healthy Co-Parenting Foundations

If children are involved, establishing effective co-parenting arrangements becomes crucial for their well-being and benefits families as a whole. We can guide you through creating arrangements that prioritise your children’s needs whilst protecting your parental rights.

Moving Forward: Creating Your Action Plan After Identifying These Signs

Once you’ve recognised these warning signs in your marriage, taking decisive action becomes important for your well-being. The six-month minimum timeframe for divorce proceedings in England and Wales provides adequate time to plan your approach carefully.

Consider whether divorce mediation or family mediation might be appropriate for your situation, as this can often help you deal with disputes and reach agreements without going to court. However, in cases involving manipulation, control, or abuse, direct legal representation may be more suitable.

Document important financial information and consider your housing needs, especially if children are involved. Certain issues, such as finances or child arrangements, may be dealt with separately from the main divorce process. Our team can help you understand what information you’ll need to gather, how to make clear agreements to protect your interests, and how to deal with arrangements throughout the process.

Speak to us

If you’re considering a divorce or have questions about the divorce process in England and Wales, don’t wait until problems escalate further. Contact our team of divorce lawyers at Edwards Family Law today. We specialise in complex divorce cases and can guide you through the entire divorce process with compassion and expertise.

Recent changes in the law have made the process for both marriages and civil partnerships more straightforward, and civil partnerships are now treated similarly to marriages in the divorce process. You now have the option to make a joint application for divorce or dissolution, which can simplify the process if both parties agree. You can also apply online for divorce or dissolution, making it more convenient and faster than applying by post. There is a court fee required for applications, but you may qualify for a reduction depending on your financial circumstances. It is important to consider applying for a financial order to formalise financial arrangements for yourself and any children. If you are in a civil partnership, you will need to make a dissolution application, which follows a similar process to divorce.

Whether you’re looking for a solicitor for divorce or need assistance with divorce mediation, our team is here to help you every step of the way. We understand that every situation is unique, and we’ll work tirelessly to achieve the best possible outcome for you and your family.

The mandatory reflection period built into the current divorce legislation ensures you have time to make considered decisions, but seeking professional divorce advice early can help you understand all your options and prepare effectively for the road ahead.

Speak to a top divorce lawyer today and take the first step towards protecting your future.

Speaking exclusively to Sky News, Our Senior Associate Charlotte Lanning explained that Prenups used to be associated with the ultra-wealthy and famous, but after the Radmacher v Granatino ruling, people became more aware of them.

After that decision, prenups agreed by celebrity couples made headlines across the country, making them appear “glitzy” and desirable, Charlotte explained. “When I was first starting out, I would do prenups on the odd occasion, whereas now we always have a couple on the go each.”

While the ruling was a factor, Charlotte explained that the more recent increase in prenups has been driven by changes in society. People are getting married later and are less worried about looking unromantic.

“The fact that people are getting married a lot later in life… means there is more to argue over,” explaining that the older people are, the more likely they are to own businesses, properties or other assets.

Read the full article here

To learn more about Charlotte Lanning, you can reach her here, or to meet any of our expert team to discuss prenups. Please contact us here

Read the full article Here

If you know someone who has been through a divorce, you may have heard them mention the “Form E”, or “financial disclosure”. You may have come across the form itself on the government website for divorce, called in full a ‘financial statement for a financial order (Form E)’. The form is found in the section where a couple have asked the court to decide how their money and property should be split on divorce, often because they cannot agree between them. The guidance says that both parties need to fill it out before their first court hearing, to give a breakdown of their property and debts, as well as an estimate of their future living expenses. But what actually is the Form E, and what is ‘financial disclosure’? Why are these so important in divorce?

What is financial disclosure

Financial disclosure is the process of sharing with your ex-spouse details of all of your finances (in the UK and abroad), including:

your employment, salary and any bonuses;
any other income such as rental income or benefits;
addresses and estimated value of your property;
bank accounts;
ISAs or other investments or savings;
business interests;
debts; and
anything else relevant to your finances, be that financial assistance from friends or family, trust interests, financial dependants, and so on.

It is always recommended to engage in financial disclosure if you are divorcing. This is so that both parties have a complete picture of the marital finances, and therefore a clear understanding of their financial claims against each other associated with their divorce.

What is Form E?

Form E is the 30-page court form that seeks to capture all of the financial information listed above, and requires you to provide copies of bank statements, mortgage statements, policy documents and so on to prove your financial situation. It is set out mostly in table format, and it calculates your net worth and your net income.

Form E also asks you to estimate your average monthly outgoings for yourself – including rent/ mortgage payments, travel costs, food, leisure, subscriptions etc – and your monthly outgoings for any children, itemised per child.

Form E is a financial snapshot, accurate to the date that it is signed. However, bank statements must be provided for the 12 months prior to the Form E date, and the form asks you to disclose any significant changes in your finances in the last year, such as the sale of any property or any changes in income. It also asks you to state what your projected income in the next year will be.

Form E requires a witnessed signature and statement of truth confirming that the information contained in the form is correct. This means that if you are involved in court proceedings, any false information in your Form E constitutes the offence of Contempt of Court.

Should I do my own version of financial disclosure, rather than Form E?

The extent of detail and depth you go into when exchanging financial disclosure is initially up to you. You might be fairly confident that you know everything about your spouse’s finances already, or it might be that you and your spouse have always only kept joint bank accounts and own the family home jointly, rather than holding assets in your separate names. In these scenarios you may feel comfortable agreeing that you need not each complete Form E in full, since it is quite onerous. It is still helpful to refer to Form E as a guide or checklist.

If you have agreed with your ex-spouse to just send top-line figures/ estimates of their finances, but you suspect that they have not told you everything, or that there is other financial support/ assets in the background, you may want to consider suggesting both completing a Form E. It is always fair and justified to insist on full and frank financial disclosure in the form of Form E.

If you instruct lawyers to advise you in your divorce, the first thing that lawyers will want to exchange with your spouse’s lawyers is Forms E. Lawyers may agree to do “short-form” Form E, or exclude certain sections of the Form, in order to save time and costs, but this must be expressly agreed between the parties.

If you engage in mediation, any good mediator will equally ask for you to both send to the mediator and to each other details of your finances. Some mediators will ask you to complete Form E, or they may have their own version of a financial disclosure form that is similar to Form E.

If either of you has started court proceedings to determine the financial outcome of your divorce, you will not have a choice and you must both complete Form E by the deadline set by the court.

Why is so much emphasis put on Form E and financial disclosure?

Form E and full financial disclosure is so important because a party to a divorce cannot possibly know what they are gaining or giving up by agreeing to a financial consent order without knowing the truth of the financial situation. You would not engage in any other major financial negotiation in your life without knowing all the facts, so why take the risk on your divorce?

Equally if you are in court proceedings on the finances, it is critical that the court has all the relevant information in order for the judge to make the right decision as to how assets should be divided and as to whether any spousal maintenance should be ordered.

The worst case scenario is a financial order being made, either contested or by consent, only for one of the parties to the divorce to discover that their ex-spouse was in fact due to be paid a large bonus or windfall payment; that they were planning to immediately cohabit with someone with significant financial resources to support them; or that they had access to a trust fund or other “hidden” savings. Engaging in full and frank financial disclosure by way of Form E considerably lowers the risk of this happening.

If you are separating and starting to consider your financial future post-separation, do not hesitate to get in touch with a member of the team here at Edwards Family Law so that we can guide you through the process of financial disclosure and advise.

What is Cohabitation?

Cohabitation refers to a situation where two people live together as a couple without being legally married or in a civil partnership. Often referred to as “living together” or erroneously as a “common-law marriage” (though the latter is not a legal term in the England and Wales), cohabiting couples typically share a home, finances, and a domestic life, but do not have the legal status of a married couple or civil partners.

Does Cohabitation Affect Divorce?

In England and Wales, cohabitation does not directly impact divorce, since divorce laws only apply to legally married couples or those in civil partnerships. However, for cohabiting couples who separate, there is no equivalent legal process for “divorce.” Instead, their separation is treated differently under family law, which can affect financial settlements, property rights, and other matters.

Key Differences Between Cohabitation and Divorce:

Legal Rights:
- Married Couples: When a married couple divorces, they are entitled to claim a fair division of assets and financial support, including spousal maintenance if necessary. The court has a broad discretion to divide assets based on factors such as each party’s contributions, the length of the marriage, and the needs of each party.
- Cohabiting Couples: If a cohabiting couple splits up, there is no automatic legal right to share assets or receive spousal support. Property and assets are typically divided based on ownership, meaning that the person whose name is on the title or deed of a property generally retains ownership, unless the other party can prove a beneficial interest.

Property Rights:
- Married Couples: Upon divorce, married couples have the right to claim an equitable share of assets, including family homes, regardless of whose name is on the deed.
- Cohabiting Couples: Cohabiting couples do not have automatic property rights. If the couple separates, the property is divided based on legal ownership, and the courts do not generally intervene to divide property unless there is a formal agreement, like a cohabitation agreement, or a claim to a beneficial interest (e.g., if both partners contributed to the mortgage or maintenance).

Children’s Rights:
- For both married and cohabiting couples, child arrangements and maintenance rights remain the same. Parents—whether married or cohabiting—have a duty to support their children financially, and both parties have the right to seek a child arrangements order through the courts if there is a dispute.

Cohabitation Agreements:

To avoid disputes upon separation, cohabiting couples can draft a cohabitation agreement, which outlines the division of assets, finances, and responsibilities should the relationship end. While this agreement is not legally binding, it can be used as evidence in court to determine asset division and financial responsibilities.

The Growing “Cohabitation Crisis”:

In the UK, the number of cohabiting couples has increased significantly in recent years. Despite this, there is a lack of legal recognition and protection for cohabitants when relationships end. Many people mistakenly assume that they have the same legal rights as married couples, which often leads to disputes when relationships break down. This has led to calls for reform to offer better legal protections for cohabiting couples, especially when it comes to financial support and property division.

Conclusion:

While cohabitation does not directly impact divorce in England and Wales, it creates a different set of legal considerations for couples who separate. Married couples have a clear legal process for divorce and financial settlements, whereas cohabiting couples may face difficulties when dividing assets or seeking financial support. It’s important for those living together without marriage to understand their legal rights and consider a cohabitation agreement to safeguard their interests in case of a split.

The short answer is no, but this does not mean that a pre-nuptial agreement UK is not worth entering into. Quite the opposite; if you are marrying and you have any concerns about how your existing assets or your future savings and asset purchases would be treated if you were to sadly divorce in the future, a ‘pre-nup’ is essential. It can have a drastic impact on the outcome of your finances in the event of a divorce.

No-one enters into marriage thinking that they will get divorced, of course. We are not here to say that you will get divorced! Marriage is a symbolic commitment, but it is also, legally speaking, a major financial commitment. You are vowing to share your ‘property’ with the other person. Property includes the obvious ones such as real estate and physical possessions, but it also includes savings, and any increase in the value of any investments during the marriage. If you do not want to risk a large proportion, and in some instances half or even more, of those assets remaining in your spouse’s ownership following a divorce, then a pre-nuptial agreement is your only option.

A pre-nuptial agreement is not a legally binding contract. This means that it will not necessarily be followed ‘word for word’, exactly to the letter, in the event of a divorce. This is to protect people from singing a pre-nuptial agreement that would leave them in an impossible financial situation before a wedding, without fully understanding its true implications, and then being held to it at a later date.

In order for a court to uphold a pre-nuptial agreement, it must have been freely entered into (i.e. not under duress) by both parties with a full appreciation of its implications. A full appreciation of its implications is generally viewed to require both parties having disclosed in full their finances to each other, and to have taken (or at least had the opportunity to have taken) proper legal advice before signing the pre-nuptial agreement. This way, both parties understand what they are potentially ‘giving up’, or are protecting/ gaining by signing the agreement.

There is then a further sense-test that a pre-nuptial agreement must pass in order for a court to uphold it on divorce. This is that it must not be unfair to hold the parties to their agreement in the prevailing circumstances at the time of the divorce. This is to allow for the fact that a couple can rarely, if ever, foresee what their life will look like at the time of divorce when they are signing the pre-nuptial agreement before their marriage. They might have since taken on the full-time care of a dependant family member; they may have moved to a different part of the country; they may have taken on various financial commitments such as school fees and so on. Therefore the court retains some discretion in checking that following the terms of the pre-nup on divorce would not leave one party in a position of financial hardship or dire need. This is why it cannot be said that a pre-nup is legally binding.

To ensure that this ‘sense-test’ does not defeat the pre-nuptial agreement, pre-nups are typically quite a flexible document. They will state some specific assets, or types of asset, that will not be shared with your spouse on divorce. This means that there will be no automatic concept of the assets being split between you just by virtue of your marriage – they will only be divided or sold in order for some amount to be paid to your spouse if there is a financial need to do so, i.e. some equity has to be freed up in order to help your spouse re-house or to pay for reasonable daily outgoings. However they will not set in stone every single aspect of financial considerations on divorce.

Do not hesitate to get in touch with us here at Edwards Family Law to assist you in drawing up your pre-nup. Equally if you are already married but you think an agreement on your finances would help you, we can advise you on a “post-nup” or “mid-nup”. We are a leading firm recognised by the Legal 500.

What is a consent order on divorce?

A consent order is a legally binding document that sets out what has been agreed between divorcing parties in respect of their finances, including property, pensions, investments, businesses and maintenance. The document is drawn up by solicitors, agreed, signed and submitted to the court along with a form called a D81 (which sets out a summary of each party’s financial position). The judge will consider these documents to ensure that the agreement that has been reached is fair and if so, will approve the order, which makes it legally binding.

Who gets consent orders?

We prepare consent orders in almost every case where couples are divorcing, whether the parties have reached an agreement directly, in mediation, with the assistance of solicitors and with or without court proceedings.

How long does a consent order take?

You cannot file a consent order with the court until you have the ‘conditional order’ in your divorce. This is the second stage of the divorce, and it usually takes around 6 months for this to be granted because once you have filed for divorce, there is a 20-week waiting period before you can apply for a conditional order.

In terms of preparation, a consent order can be drafted quickly (and we have been known to turn them around in less than a day). How long it takes to be agreed depends on the other party and their lawyers. In more straightforward cases, there can be a few weeks of back and forth but in more complex cases, it can be a lengthier process.

Therefore, from the start of the divorce process it is likely to take 7 – 9 months to get your approved consent order. However, if you already have your conditional order in the divorce, and have agreed in respect of the finances, it could take as little as 1 – 2 months to get this drafted, submitted and approved by a judge.

How long does it take for a consent order to be approved?

Once everything has been agreed and signed, one party’s solicitor will submit the order to the court via the online HMCTS portal where it will be referred to a judge. As a general rule of thumb it takes 2 – 4 weeks for the order to be considered (and usually approved). However, if your order lands in the inbox of a judge who has a quiet day then you could see it approved within 24 hours.

How often are consent orders rejected?

The court has a broad discretion which enables parties to agree to a range of different but equally acceptable outcomes. If matters go to trial, we always advise clients that ten different judges could come up with ten different outcomes in their case, which would all be deemed legally correct. However, the court does not rubber stamp consent orders and will carefully consider what has been agreed as against the financial disclosure in the D81 form. If there is a clear imbalance in the agreement reached and it is unclear how one party will meet their needs, the court may reject the order and ask the parties for further explanation or to revisit the agreement. This is more likely if one party has not had legal advice. Whilst it is fairly rare for consent orders to be rejected if parties have taken legal advice and acted upon this, it does happen on the odd occasion.

How can I avoid my consent order being rejected?

Ensure both parties have legal advice and that this is recorded within the consent order
Speak to a solicitor, who will be able to advise you about the likelihood of the order being rejected and what can be done to mitigate against this
Set out detailed explanation in the D81 about why the agreement has been reached

How much do consent orders cost?

The preparation of a consent order, the accompanying documents such as the D81 and any pension sharing documents will usually cost in the region of £1,500 – £3,000 plus VAT. There is also a court fee of £58 for the party that files the consent order.

How long do consent orders last?

Consent orders are final. If you have a ‘clean break’ consent order in respect of all claims for both income and capital then this marks the end of your financial ties. However, if, for example, spousal maintenance is payable by one party, then the order will not provide an income clean break until the end of the maintenance term. Whilst maintenance is payable, either party can apply back to the court to have this varied. This application can only be made if there has been a significant change of circumstances (i.e. the receiving party cannot meet their needs due to illness or job loss and so needs more maintenance or the paying party can no longer meet the order due a reduction in income). Capital clean breaks are included in almost every case which prevents the parties from mounting further claims for property, pensions or lump sums in the future. In rare cases, for example, where there has been severe non-disclosure, the court may sanction capital claims being left open for a certain period. If capital or income claims are left open the court will always be conscious to ensure that there is a defined end point when no more claims can be brought.

Are court orders public record?

A consent order will not be entered into the public record, however, if you are unable to settle your financial claims and attend a final hearing, the court may publish the decision that it makes. There is an increased push towards transparency in the family court and in some circumstances, parties will be named within the judgments which is worth bearing in mind whilst litigating.

Do I really need a consent order?

If you have limited assets, you may feel that this process is unnecessary. However, to ensure that financial ties are severed you must have a consent order in place. The famous case of Wyatt v Vince made it all the way to the Supreme Court in 2015 on this very issue. The parties had divorced over 20 years previously, they never resolved their finances and both were effectively penniless at the time. Fast forward 20 years, the husband was a green energy millionaire, and his ex-wife had the ability to make a financial claim against him. Mr Vince would likely advise that you are better safe than sorry!

The media have coined the term “Divorce Day”. This is the first Monday in January and this year falls on Monday 6 January 2025. “Divorce Day” is considered to be the most popular day for couples to initiate divorce proceedings. Below we explore the potential reasons for this and considerations if are you are thinking of separating.

Why does January see more divorce enquiries?

It is fair to say that most family lawyers see an uplift in enquiries at the start of the new year and this can be for a variety of reasons. The festive period can be very stressful, both financially and emotionally. For couples who are already struggling, this can only exacerbate issues. Many also see the New Year as a fresh start, so addressing relationship issues and taking steps to separate may be on the list.

For couples with children, separating just before Christmas is not an attractive option. Couples may therefore decide to stay together until the festive period is over. Many solicitors see a rise in enquiries in the lead-up to Christmas. Clients want to take legal advice about their rights, but then wait to take formal action until the New Year.

Other issues impacting the decision to file for divorce

According to the most recent report published by the Office for National Statistics there has been a decline in the number of divorces. In 2022 there were 80,057 divorces granted in England and Wales, a 29.5% decrease compared with 2021 and the lowest number of divorces since 1971. We do not know the exact reason for the decline, however the cost-of-living crisis may have influenced people’s decisions to divorce.

A Legal & General study in 2025 found 272,000 people have delayed their divorce due to the cost-of-living pressures. Although 2024 saw interest rates and mortgage rates decrease slightly, the cost-of-living pressures remain. Potential clients are becoming increasing reticent and concerned to initiate proceedings, with many taking advice and then telling us that they want to sit tight, believing a divorce or separation to be ‘unaffordable’ at the moment. Creating two households out of one seems unaffordable for many.

What to consider if you are thinking of separating

Making the decision to separate, whether now or in the future, it extremely difficult. Getting divorced is not only a legal process, but also is an emotional journey and you should ensure you have the right support in place.

You should consider obtaining legal advice as early as possible. Taking legal advice does not need to lead to separation or divorce, but arming yourself with the information so that you can prepare yourself for this eventuality can be empowering, whatever way you decide to go, knowledge is power after all. Ensuring you also have emotional support is important. Whether this be family or friends or looking to a professional for support, for example a therapist or divorce coach. The emotional toll of a divorce should not be underestimated.

When to formally separate

There is no one size fits all approach. What is right for you may be different to someone else, and it is important to take the process at your pace. Some people choose to emotionally separate but not formally move apart and deal with their financial arrangements. This arrangement is often something that we would advise against. Whilst some may believe that they would prefer to wait until asset values increase, this can be a false economy. Certainly, once a couple (or even one party) has made the decision to separate, staying in a marriage or relationship at that stage can be very claustrophobic and stressful, and can also seriously impact the mental health of children involved in the midst. It is true to say that this arrangement will also only work if there is complete trust between the separating couple.

Delaying formally separating may also give one party the chance to change the financial position, for example over-spending, moving money out of reach etc. It is crucial to deal transparently with financial disclosure in the event of a financial separation and divorce. Delaying formally separating may make it much harder, and much more expensive, to unpick the truth and work out what a true representation of any financial outcome ought to be.

Prolonging the inevitable might not be the best financial decision in the long term, particularly if pensions need to be divided. We have seen drastic fluctuations in pension valuations recently. Whilst that of course affects everyone across the board, formally sharing pensions on divorce sooner rather than later at least provides some certainty to the recipient party that they have full control of their share of what is often the most significant asset of the marriage or partnership, after the family home, even in a volatile market.

How Edwards Family Law can assist

As family solicitors we are mindful of the pitfalls that come with waiting to separate, which we will discuss honestly and transparently with you. However, what is right for you and your family is a decision for you to make. In the event that we are instructed to assist, our aim is to advise pragmatically from the outset to try to preserve a good working relationship with the other party and/or their solicitor, and give advice that is sensible from the outset in terms of preserving your costs position. If, therefore, one of the big concerns is proportionality in dealing with the case sensibly and cost effectively, and that is what is putting a potential client off from formally actioning their separation, we can certainly assist.

A contentious issue for many parents is what school their child attends and it is unsurprising that upon divorce this can be one of the key issues. For parents with children at private school the issue of whether school fees should continue to be paid and, if so, by who is often a hotly contested issue, especially given the recent increase in school fees now VAT at 20% is payable from 1 January 2025.

Often parents primary concern is ensuring stability for their child during the separation, and remaining at the same school is advantageous. The difficulty is you are trying to create two households now and the financial pressure on the family often increases.

What did the budget say?

Rachel Reeves confirmed in the budget on 30 October 2024 “the government will introduce 20% VAT on education and boarding services provided for a charge by private schools from 1 January 2025.” As a result, school fees will be even more expensive and disputes regarding the affordability of them likely to be on the rise.

How should I approach the payment of private school fees with my ex

If possible, it is always preferable for separated couples to agree a financial settlement themselves, either through negotiation (directly or with the assistance of solicitors) and/or mediation. This can be quicker and cheaper than going to court. If your child (or children) are old enough, you may wish to consider child-inclusive mediation. This would provide the children with the opportunity to attend mediation to express their own views on their schooling, and how any changes, either to fee- or nonfee-paying education, might affect them. Whilst their comments and views would not be binding on the parents following those discussions, it can be a powerful indicator to parents as to their children’s wishes and feelings in the context of the matter as a whole, which can sometimes crack the case one way or another.

If you are unable to reach an agreement you may wish to explore other out of court options, such as arbitration. Failing this the court has the power to make orders in respect of school fees.

Can school fees be considered in a divorce financial settlement?

Continuity in schooling is important for children, especially if they are in key exam years, and a court is likely to accept that. However, they are considered in the realm of the overall financial landscape and if they cannot be afforded the court may not grant a school fees order.

The courts will consider all the factors under section 25 of the Matrimonial Causes Act 1973 when deciding the outcome in a financial remedy application. This includes the resource available to both parties (including capital and income) and the needs of each party, including any dependent children. Each case will considered on its own facts and whether or not private school fees can be considered a “need” will be considered in the realm of all the circumstances of your case. If there are sufficient financial resources available the court will consider how your child is currently or was expected to be educated in making a decision.

A school fees order can be made as part of the wider financial settlement. A school fees order should cover who pays the school fees, how they will be paid (from capital or income) and how long they should be paid. You should also consider “extras” to school fees including uniform, activities etc. and who should be responsible for paying these.

For parents who already have a final financial order that includes payment of school fees, the imposition of VAT on private school fees could lead to them no longer being affordable. Time will tell if disputes over payment of private school fees will end up before the court, both in circumstances where parents are trying to reach an agreement on divorce now and also where a final order has already been made.

If you require advice on paying school fees following a divorce, please do not hesitate to contact us.