About the Author
Kelly Edwards
Managing Partner, Edwards Family Law

Chambers HNW Ranked
Legal 500 Ranked
Spear’s 500 Listed
18+ years HNW family law

Kelly Edwards founded Edwards Family Law in 2019 after more than a decade at Sears Tooth, where she trained under the renowned Raymond Tooth, and two years as a Director at Vardags. She has worked exclusively with high-net-worth and ultra-high-net-worth clients throughout her career and is recognised by Chambers HNW as ‘iconic, tough, astute, and commercially driven’. Kelly advises on all aspects of complex family law, with particular expertise in financial remedy, trusts, and international matters.

Q: What is a consent order in divorce?

A: A consent order is a legally binding court document that records the financial agreement reached between divorcing spouses. Without one, either party can make financial claims against the other at any point in the future – even years after the divorce. It is the only way to achieve a clean financial break.

One of the most common mistakes I see in divorce cases is the assumption that reaching an agreement is enough. It is not. An agreement recorded in emails, solicitors’ letters, or even a signed document between the parties has no legal force unless a court approves it. A consent order is the mechanism that makes your financial settlement permanent and enforceable.

Below, I address the ten questions my clients most frequently ask about consent orders, drawing on more than eighteen years of advising high-net-worth individuals through the process.

1. Do I need a consent order if we have already agreed on everything?

Yes. An informal agreement – however detailed – does not prevent either party from making future financial claims. I have seen clients return to court years after separation because a partner who ‘agreed’ to ask for nothing later changed their mind after circumstances changed. A consent order permanently extinguishes those claims.

I had a case where my client thought their agreement, reached 18 months earlier, was binding, but because the value of the shares they held had increased and they were a matrimonial asset, the increase had to be shared. That would not have happened if the agreement had been made an order.

2. How does the court decide whether to approve a consent order?

The court does not simply rubber-stamp what the parties have agreed. A judge reviews the order to ensure it is fair, that both parties have made full financial disclosure, and that any children’s interests have been considered. The court will not approve an order where there has been a significant failure of disclosure or where the terms are clearly inequitable.

This is why the quality of your financial disclosure – particularly in cases involving businesses, trusts, or substantial assets – matters so much to the outcome.

3. What needs to go into the financial disclosure?

Both parties should complete a Form E, which sets out all assets, income, liabilities, pensions, and financial needs. In high-net-worth cases, this extends to business interests, shareholdings, offshore accounts, trust structures, and any assets held by third parties in which a beneficial interest may exist.

Incomplete or misleading disclosure is not only likely to result in the court rejecting the order. Still, it can also lead to the order being set aside entirely if discovered later, as the courts have made clear in a series of recent decisions.

In practice, where people have a good understanding of their family finances, a detailed schedule and copy statements might suffice. If someone does not have all of that information or a good understanding or someone refuses to provide the underlying evidence then this would be a red flag to us in terms of whether they were telling the whole story.

4. What happens if my ex-partner refuses to sign the consent order?

If one party refuses to engage or sign, the only option is to apply to the court for a financial remedy order. The court has wide powers to make orders regarding the division of assets, property, pensions, and maintenance, and it does not need the agreement of both parties to do so. Refusal to cooperate is rarely in a party’s interests.

5. Can a consent order be changed after it is made?

As a general rule, no, which is exactly why consent orders are so valuable. Once approved, the capital provisions (relating to property and lump sum payments) are final. Maintenance provisions can be varied if there is a significant change in circumstances. Pension sharing orders cannot be varied at all once implemented.

The finality of a consent order is its greatest strength. It is also why it must be drafted carefully from the outset.

6. Can a consent order be set aside?

In limited circumstances, yes. The main grounds are fraud, material non-disclosure, or a fundamental change in circumstances so significant that enforcement would be inequitable (sometimes called a Barder event). These cases are rare, and the threshold is high, but they do arise – particularly in cases where one party has concealed significant assets during the proceedings.

I acted on a case several years ago where the value of one of the husband’s business interests was recorded as having a low value on the asset schedule in the proceedings. Just under a year after the order was made, that business was sold for over £100m. It then transpired (following further disclosure) that the deal was in the pipeline and known about before the order was finalised and so the order was set aside and an additional circa £50m awarded to the wife, together with a costs order.

7. How long does the consent order process take?

Once an agreement has been reached, the consent order application typically takes between six and twelve weeks to be approved by the court, depending on court capacity. The drafting process itself, which an experienced family solicitor should do, takes a matter of days once instructions are clear.

The timeline for reaching the underlying agreement varies enormously. In straightforward cases, it may take weeks. In complex matters involving businesses, trusts, or international assets, it can take considerably longer.

8. What is the difference between a consent order and a financial order?

A consent order is made by agreement between the parties and then approved by the court. The court makes a financial order (or financial remedy order) after contested proceedings, where the judge decides the outcome. Both are legally binding, but a consent order reflects the parties’ agreement, whereas a financial order reflects the judge’s decision.

9. Do I need a solicitor to get a consent order?

You are not legally required to instruct a solicitor, but I would strongly advise it. A consent order is a permanent legal document, and errors in drafting – particularly around pensions, property, or the precise wording of a clean break clause – can have serious and expensive consequences that cannot easily be undone. The cost of getting it right at the outset is invariably less than the cost of seeking to correct it later.

10. How much does a consent order cost?

Costs depend on the case’s complexity. In straightforward situations, a consent order can be drafted and approved at relatively modest cost. In complex high-net-worth cases involving multiple assets, business interests, or international elements, the drafting, negotiation, and court process will take longer. The court fee for filing a consent order application is currently PS53.

Given the risks of financial claims remaining open and what that means to both parties and their ability to move on, making sure you enter into a legally binding court order is, in my view, invaluable and essential spending for anyone getting divorced.

If you are considering a consent order or want to understand your options following separation, the team at Edwards Family Law can help. Contact us at edwardsfamilylaw.co.uk.