What Is a Financial Consent Order UK?

When a couple divorces or dissolves a civil partnership, dividing finances fairly is just as important as finalising the separation itself. A financial consent order (UK) is a legally binding document approved by the court that sets out how assets, property, pensions, savings, and income will be divided. It may also include spousal maintenance arrangements.

Without a consent order, even if you and your former spouse agree on a financial split, either of you could make further financial claims against the other in the future. A consent order provides security and finality by formally closing off those risks.

What Does a Financial Consent Order (UK) Cover?

A consent order can deal with:

• Division of property, such as the family home.

• Splitting savings, investments, and other financial assets.

• Pension sharing arrangements.

• Ongoing or lump-sum spousal maintenance payments.

• Responsibility for debts or liabilities.

It is tailored to your individual circumstances and ensures clarity for both parties.

When Should You Apply for a Consent Order?

You can only apply for a consent order once you’ve reached an agreement on finances and your divorce has reached the Conditional Order stage (previously known as the Decree Nisi). The order is usually applied for before the Final Order is granted, though in some cases it can be finalised afterwards.

It’s advisable to seek legal advice early, as your solicitor can ensure the draft is worded properly and has the best chance of being approved by the court.

How Do You Get a Financial Consent Order?

The process usually involves three steps:

1. Agreement – You and your former spouse reach a financial settlement, either directly, through solicitors, or via mediation.

2. Drafting – A solicitor prepares the consent order and supporting documents to reflect your agreement.

3. Court Approval – The draft is submitted to the family court, where a judge reviews it. If the terms are fair and reasonable, the order is approved without the need for a hearing.

What Happens Without a Consent Order?

If you do not obtain a consent order, there is always a risk that:

• Your ex-spouse could make a claim years later, even after financial ties appear to have ended.

• Future assets you acquire (such as an inheritance, a lottery win, or business growth) may be open to claim.

• Disagreements could arise over what was agreed informally, leading to costly disputes.

A consent order protects against these risks by drawing a clear legal line under your financial relationship.

Clean Break Orders vs Consent Orders

A clean break order is one type of consent order. It is designed to end all financial ties between the parties, with no ongoing maintenance or future claims possible.

Not all consent orders are clean breaks. For example, if spousal maintenance is included, the financial link continues, but the terms are still legally binding.

Enforcing a Consent Order

If your ex-spouse fails to follow the terms of a consent order, you can return to court to enforce it. Options may include attachment of earnings orders, charging orders against property, or other enforcement methods depending on the breach. Having the order approved by the court gives you this powerful legal protection.

Why Legal Advice Matters

Consent orders can be rejected if they are poorly drafted or unfair. A solicitor ensures your order reflects your agreement accurately, protects your future assets, and stands the best chance of swift approval. Professional advice also helps avoid mistakes that could leave you financially exposed.

A financial consent order is the only way to make your divorce settlement legally binding and protect yourself from future claims. Whether your finances are simple or complex, securing a consent order gives peace of mind and allows both parties to move forward with certainty.

If you are considering divorce or have reached a financial settlement, our family law solicitors can advise you on the next steps and prepare a consent order tailored to your needs.