Consent Orders in Divorce: What They Are, How Long They Take and What They Cost
A Family Lawyer’s Guide
About the Author
Charlotte Lanning
Senior Associate Solicitor, Edwards Family Law
Chambers Associate to Watch (Family, 2024 and 2025)
Legal 500 Key Lawyer
Member of Resolution | Jurisprudence, Pembroke College, Oxford
Charlotte Lanning is a Senior Associate Solicitor at Edwards Family Law, a boutique London firm specialising in divorce and family law. She qualified in 2019 and has focused solely on family law since, advising on complex financial matters and private children work. She has a particular interest in variation of maintenance cases, frequently drafts pre- and post-nuptial agreements to protect pre-acquired wealth and inheritance, and has acted for a wide range of clients including business owners, professionals and high net worth individuals. She is named an Associate to Watch by Chambers (Family) for 2024 and 2025, recognised as a Key Lawyer by The Legal 500, a member of Women in Family Law, and a frequent contributor to the Financial Remedies Journal.
Q: What is a consent order?
A: A consent order is a court order that records the financial agreement you and your spouse have reached on divorce and makes it legally binding. It can deal with the family home, savings and investments, pensions, lump sum payments, maintenance and the division of belongings, and it can include a clean break that ends all financial ties between you. Even if you agree everything between yourselves, that agreement is not legally binding until a court approves it as a consent order, so in almost every divorce one is strongly advisable.
One of the most common and costly misunderstandings in divorce is the belief that, once the divorce is final, the finances are settled too. They are not. The divorce ends the marriage; the finances are a separate matter, and unless your agreement is recorded in a court order, your financial claims against each other stay open, sometimes for many years. This guide explains what a consent order is, why you need one, how long it takes, what it costs, and how the process works in England and Wales.
What Is a Consent Order?
A consent order is a court order that sets out the financial agreement reached between divorcing spouses and gives it legal force. It is called a consent order because both parties consent to its terms: you are asking the court to approve an agreement you have already reached, rather than to impose one. It can cover what happens to the family home, how savings, investments and pensions are divided, lump sum payments, ongoing maintenance, and the division of personal belongings. In most cases neither party needs to attend court, as it is dealt with on paper.
Do You Need a Consent Order?
In almost all cases, yes. By virtue of the marriage, each spouse can in principle make a financial claim against the other on divorce. Many couples resolve these claims by agreement, but an agreement reached privately, even in writing, is not legally binding unless it is converted into a court order. Until then, the claims remain open with no time limit. In Vince v Wyatt [2015] UKSC 14, a former wife successfully brought a financial claim more than twenty years after the couple had separated with no significant assets, and the Supreme Court confirmed there is no time limit on such claims after divorce. A consent order, ideally with a clean break, is the only way to close that risk off for good.
“Just because an agreement is in writing and signed does not mean the court is bound by it. If circumstances change afterwards (for example, an unexpected windfall from a business sale) those funds could be up for grabs, even if the parties have already acted on the agreement reached. Cutting corners to save on legal fees can end up costing a lot more in the long run. If you reach an agreement around the kitchen table it is imperative a lawyer looks at this and takes the necessary steps to formalise it, or it may not be worth the paper it is written on.”
What Does a Consent Order Cover?
A consent order can deal with all of the financial issues arising from a marriage, including the family home and any other property, savings, investments and other capital, pensions (including pension sharing), lump sum payments from one party to the other, spousal maintenance where appropriate, and the division of belongings. Where you both agree that neither will make any future claim against the other, the order can also include a clean break.
What Is a Clean Break Order?
A clean break order is a consent order that dismisses both parties’ financial claims against each other and ends all financial ties, now and in the future. It provides certainty and finality and prevents either party returning for more later. A clean break is often the goal, particularly for couples with straightforward finances, and it is exactly the protection the husband in Vince v Wyatt lacked.
How Long Does a Consent Order Take?
Two timescales matter. The first is reaching agreement and drafting the order, which depends on how quickly you and your spouse can agree and how complex the finances are, from a few weeks to several months. The second is the court’s approval. A consent order can be submitted once you have reached the conditional order stage of the divorce, and once lodged, court approval typically takes a few weeks to a couple of months, depending on the court’s workload. The order typically takes effect when the final order of divorce is granted. There is no fixed statutory wait for approval itself, but the divorce timetable (a minimum of around 26 weeks) sets the overall pace.
“Delay is often caused by one party who does not wish to engage (even if an agreement has been reached) and there can be many different reasons for this. A common example is where the submission of a consent order will mean a big change for one party (such as selling the family home) meaning they may not be incentivised to act quickly and so drag their heels. Unfortunately, the only way to force someone to engage is by issuing court proceedings but often, the potential costs of this will encourage people to cooperate.“
How Does the Consent Order Process Work?
The process is largely a paper exercise. Once you have reached agreement, the consent order is drafted, and both parties complete a prescribed statement of information (Form D81) giving the court a summary of your finances. A judge reviews this to check the agreement is broadly fair. The judge retains discretion and will approve the order unless it appears manifestly unfair; any queries are usually dealt with in writing. Once approved, the order is sealed and becomes binding on the final order of divorce. If a party later fails to comply, the other can apply to court to enforce it, which is protection an informal agreement can never provide.
How Much Does a Consent Order Cost?
There are two elements. The court fee for submitting a consent order is modest (currently £60, payable to HM Courts and Tribunals Service). The larger element is the cost of drafting the order and the statement of information, which is where professional advice matters. A well-drafted order does more than record the headline split: it addresses pensions correctly, closes off future claims, and sets out the practical steps and timing for implementing the agreement, all of which are commonly missed in templates. Some firms offer fixed fees for straightforward consent orders.
Frequently Asked Questions
A consent order is a court order that records the financial agreement reached on divorce and makes it legally binding and enforceable. It can deal with property, savings, pensions, lump sums, maintenance and belongings, and can include a clean break.
You do not need one to obtain the divorce itself, but you do need one to make your financial agreement legally binding and to prevent future claims. Almost everyone divorcing should obtain one, even where finances are simple in order to prevent future claims.
Once lodged at the conditional order stage, court approval typically takes a few weeks to a couple of months, depending on the court.
No. An agreement reached privately, even in writing, is not binding on its own. It becomes binding only when approved by the court as a consent order.
No. The Supreme Court confirmed in Vince v Wyatt [2015] UKSC 14 that there is no time limit on bringing a financial claim after divorce. Claims stay open until dismissed by a court order, which is why a clean break matters.
A clean break order is a consent order that dismisses both parties’ financial claims against each other and ends all financial ties immediately and for the future, providing certainty and finality.
The court fee is modest (currently £60). The main cost is drafting the order and the statement of information (Form D81). Solicitor costs vary with complexity, and some firms offer fixed fees for straightforward orders.
It is not legally required, but strongly advisable. A consent order is a binding financial document, and errors, particularly on pensions, future claims and implementation, can be costly and difficult to undo.
Protecting Your Financial Future
A consent order is the single most important step in protecting your financial position after divorce. It turns an agreement into binding protection, and a clean break closes off claims for good. Treating the divorce as the end of the financial story, without a financial order in place, is one of the most avoidable mistakes in family law.
At Edwards Family Law, our team negotiates financial settlements and drafts consent orders across the full range of circumstances. If you have any questions about a consent order or your financial settlement, we would be glad to help.
Need advice on a consent order?
To speak to a specialist family lawyer about your consent order or financial settlement, contact Edwards Family Law.
Contact us: contact@edwardsfamilylaw.co.uk
This article is for general information only and does not constitute legal advice. The law is correct as at the date of publication. Specific advice should always be taken to account for individual circumstances.