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29/04/2026
A consent order is a court order that records and formalises the financial arrangements agreed between separating or divorcing couples. It can deal with:
- Property
- Savings and investments
- Pensions
- Business interests
- Debts and liabilities
- Child maintenance and other financial support
Financial separation is often one of the most contentious aspects of a relationship breakdown. Without a court-approved consent order, either party can, in many cases, make financial claims against the other in the future, even years after the divorce.
A consent order:
- Makes your agreement legally binding and enforceable
- Provides certainty and finality about your financial arrangements
- Protects you against future financial claims (for example, claims against future income, inheritances or pension
- Sets out what happens if one party does not comply with the agreement
Is a verbal agreement enough?
No. A verbal agreement is not sufficient to settle financial matters following divorce or separation.
Verbal agreements are:
- Informal
- Difficult to prove
- Not legally binding or enforceable as a financial settlement on divorce
To ensure your financial arrangements are binding and enforceable, you need a written consent order that has been approved and sealed by the court.
Can my ex-partner change their mind later?
Once a consent order has been:
1. Signed by both parties; and
2. Approved and sealed by a judge,
it becomes a legally binding court order. It cannot be changed simply because one party has a change of heart.
A consent order can only be varied or set aside in limited circumstances, for example:
- Both parties agree to vary the order and the court approves the variation;
- There has been a significant and unforeseen change in circumstances (for example, serious illness or a substantial and unexpected loss of income);
- There was material non-disclosure when the order was made (for example, one party failed to disclose assets or income);
- There was fraud, mistake or another exceptional reason recognised by the court.
You should always obtain legal advice before applying to vary or challenge an existing consent order.
Does the court have to approve a financial consent order?
Yes. A financial consent order only becomes legally binding and enforceable once it has been approved and sealed by the court.
A judge will:
- Review the terms of the agreement
- Consider the information provided in the financial statement (Form D81)
- Decide whether the proposed order is fair and reasonable in all the circumstances
A judge can refuse to approve a consent order if, for example:
- It is fundamentally unfair to one party;
- It is poorly drafted or unclear;
- There has not been full and frank financial disclosure.
If the judge has concerns, they may raise questions, request further information or amendments, or list the matter for a short hearing.
What is the process for obtaining a consent order?
The usual process is:
1. Agreement reached
The parties reach an agreement about how their finances will be dealt with, often with the help of solicitors, mediation or negotiation.
2. Financial disclosure
Each party provides full and frank disclosure of their financial position.
3. Drafting the order
A solicitor drafts the consent order, setting out the agreed terms clearly and accurately.
4. Form D81
Both parties complete and sign a Form D81 (Statement of information for a consent order in relation to a financial remedy), summarising their financial circumstances.
5. Filing with the court
The draft consent order, Form D81 and the appropriate court fee are sent to the court. In most cases, no attendance at court is required.
6. Judicial approval
A judge reviews the papers. If satisfied that the order is fair and properly drafted, the judge will approve and seal the order.
7. Sealed order
Once sealed, the consent order becomes a binding court order. Failure to comply can lead to enforcement action, which may include orders for payment, seizure of assets, and in serious cases, fines or imprisonment.
How long does it take for the court to approve a consent order?
Timescales vary between courts, but typically it takes a few weeks from filing the papers for the court to consider, approve and return a sealed consent order.
You can apply for a consent order any time after the divorce application has been issued. In most cases, it is advisable to have the consent order approved before the final order (formerly decree absolute) is made, or as soon as possible afterwards, to ensure financial claims are properly dealt with.
Do I need a solicitor to draft a financial consent order?
It is strongly recommended that a financial consent order is drafted by a fully qualified family law solicitor.
A solicitor will:
- Advise you on whether the agreement is fair and likely to be approved by the court;
- Ensure there has been appropriate financial disclosure;
- Draft the order in clear, precise terms that reflect the agreement and comply with court requirements;
- Deal with the court process and any queries raised by the judge.
Errors or omissions in a consent order can cause delay, additional cost, or result in an order that does not properly protect you.
Expert advice on financial consent orders
For expert advice on financial consent orders, contact our experienced family law team by emailing enquiry@beswicks.com or phoning 01782 205000 or 0161 929 8494.
