When the divorce process is coming to an end, it is easy to focus on the final order and assume that everything will be dealt with when the divorce is finalised. In reality, the divorce itself and the financial arrangements are separate issues. You may have agreed who keeps the house, how savings will be divided or whether either person will receive maintenance, but that agreement still needs to be made legally binding.

A final order, previously known as a decree absolute, brings the marriage itself to an end. It does not, by itself, prevent either party from bringing a financial claim in the future. That protection usually comes from a consent order.

This guide from the family law solicitors at Tyler Hoffman explains when you need a consent order after divorce, what it can cover, when it should be applied for, and how Tyler Hoffman’s family law solicitors can help you protect your position.

What is a consent order in divorce?

A consent order is a legally binding document that records a financial agreement reached between divorcing spouses or civil partners. It is used where both parties have reached an agreement about how their financial arrangements should be dealt with and want that agreement approved by the court. It deals with matters such as:

• The family home
• Other property
• Savings and investments
• Pensions
• Business interests
• Debts
• Spousal maintenance
• Lump sum payments
• Clean break terms
• Other financial claims arising from the marriage or civil partnership

Before a consent order is drafted by a solicitor, both parties should exchange financial disclosure. This means setting out their income, property, savings, pensions, debts and other financial assets so that the agreement is based on a clear picture of each person’s financial position.

Once disclosure has taken place and the main terms of the settlement have been agreed, your solicitor will review the financial information, identify any missing issues and draft the proposed consent order in terms the court can approve and enforce.

It's important to get the wording right in a consent order, because it is a legally binding document and will affect your rights and obligations around property, pensions, maintenance, lump sums and potential future financial claims. Poor wording, incomplete disclosure or unclear terms can lead to delays, further questions from the court or disputes later.

Once the draft order is ready, it is sent to the family court with the supporting forms and the court fee. A judge will review the order and decide whether it is fair. If the judge approves it, the consent order is sealed by the court and, once it takes effect, it becomes legally binding.

Do you need a consent order if you have already agreed on everything?

If you have reached a financial agreement with your former spouse, a consent order is the way to make that agreement legally binding.

A private financial agreement may show what both parties intended at the time. However, unless it is turned into a court order, it does not usually dismiss the financial claims that arise from the marriage. This means one party may still be able to bring a claim later for property, pension sharing, spousal maintenance, a lump sum payment or other financial provision, even after the divorce itself has been finalised. 

This can become important where circumstances change. For example, one party may later receive an inheritance, sell a business, increase their income, build pension value, buy a new property or receive more money than expected. Without a financial consent order dealing with future claims, the risk of a later dispute remains.

A consent order makes the agreement legally binding. It confirms what each person is to receive and, where appropriate, dismisses future financial claims. This offers you and your former partner a clean break.

What is the difference between a consent order and a financial remedy order?

A consent order is a type of financial order made by agreement. It is used where both parties have reached a mutual agreement and ask the court to approve it.

A financial remedy order is a broader term that refers to any financial order made by the court during divorce or dissolution proceedings. This includes orders made by agreement, alongside orders made after contested court proceedings where parties cannot agree.

If you are considering or going through a divorce and cannot agree, or negotiations have broken down, contact the divorce lawyers at Tyler Hoffman. Our team can work with you to secure a financial remedy order and put it before the court, so you can move forward with your life.

When can you apply for a consent order?

The court cannot approve a consent order before a conditional order, which was previously known as a decree nisi. It confirms that the court sees no reason why the divorce cannot proceed.

The usual sequence is:

• Divorce application issued
• Conditional order granted
• Draft consent order sent to the court for approval
• Final order granted
• Consent order takes effect

The consent order only takes effect once the final order has been made. However, it is often prepared and submitted before the final order, so financial matters are dealt with before the marriage is formally brought to an end.

If the divorce application was issued before 6 April 2022, the older terms decree nisi and decree absolute may still apply. For newer divorce proceedings, the terms are conditional order and final order.

Can a judge refuse a consent order?

A judge is not required to approve a consent order simply because both parties have signed it.

The court has to consider whether the proposed financial settlement is fair in the circumstances. If the order appears unclear, incomplete or unfair, the judge can ask questions or require changes before approving it.

This can happen where:

• There has not been full financial disclosure by one or both parties
• The draft order is poorly prepared
• Important assets have not been dealt with
• Pension arrangements are unclear
• The order does not explain how housing needs will be met
• One party appears to be left in an unsustainable financial position
• The agreement does not properly reflect the parties’ financial circumstances

This is why we strongly encourage you to take legal advice before submitting a draft consent order. Our family law team will fully test the document to ensure you have considered every element of your financial future, and make sure everything is covered, so you can avoid delays caused by a judges' refusal to approve the document.

What happens if you do not get a consent order?

If you do not get a consent order, your financial agreement may not be legally binding. This can leave you and your partner exposed to future disputes, such as:

• Disagreement about what was actually agreed
• Difficulty enforcing payment or transfer terms
• Uncertainty over pensions, property or maintenance
• Further legal fees if the issue has to be resolved later
• Delay if one party changes their position after divorce

This does not mean that every divorce will lead to a future claim. For many people, the main purpose of a financial consent order is certainty. It records the financial settlement and, where appropriate, brings financial claims to an end.

Does a consent order cover child maintenance?

A consent order can include terms relating to child maintenance, but child maintenance is treated differently from other financial claims.

In many cases, child maintenance is dealt with separately through agreement between the parents or through the Child Maintenance Service. The family court’s role in child maintenance is more limited than its role in dividing financial assets between spouses.

A consent order may still refer to child-related financial arrangements, particularly where there are wider financial issues connected to housing, school fees or other agreed payments. However, it is important to take legal advice from a Children Act solicitor on what can and cannot be included, and how enforceable those terms will be.

Do you need a solicitor to draft a consent order?

You are not legally required to use a solicitor to apply for a consent order. However, we strongly advise you consult with an experienced family lawyer before agreeing to anything.

A consent order needs to be precise. If the wording is unclear, incomplete or unsuitable, it may be rejected by the court or cause problems later. There may also be areas of your finances you haven't considered, and you could agree to something that affects your long term financial health.
This is particularly important where there are significant assets, pensions, property transfers, business interests, spousal maintenance terms or clean break provisions.

The family law solicitor at Tyler Hoffman will:

• Review the financial disclosure
• Advise on whether the proposed agreement is fair
• Identify assets or claims that have not been properly addressed
• Draft the consent order in enforceable terms
• Prepare the statement of information
• Advise on the timing of conditional orders and final orders
• Handle court queries
• Reduce the risk of future disputes

If your partner is putting pressure on you to sign, or not being transparent during disclosure, we can make sure your rights are asserted. We will slow the process down where necessary, press for missing information and ensure the proposed order properly protects you before it is sent to the court.