Can I Get a Consent Order After a Divorce?
Updated: 11th February 2026 | Fact-Checked by: Belinda Atkins, Managing Director, Mediate UK
Quick Answer: Yes, you can obtain a consent order after a divorce at any time, provided neither party has remarried. Here’s what you need to know:
- A consent order legally protects you from future financial claims, even years after divorce
- Without one, your ex-spouse can make financial claims against your assets, inheritance, or pension indefinitely
- You’ll need to reach a financial agreement first, which family mediation can help facilitate
- The process involves drafting the order, completing Form D81, and obtaining court approval
- Court fees are £62, but professional drafting ensures the order is legally sound and approved first time
Why Getting a Consent Order After a Divorce Still Matters
You’ve finalised your divorce, moved on with your life, and assumed your financial ties were severed. Then your ex-partner asks you to sign a consent order, or worse, threatens to make a financial claim against your recent inheritance or new property.
This situation catches thousands of divorced people off guard each year. The uncomfortable truth? Divorce doesn’t automatically end your financial obligations to your ex-spouse. Your decree absolute or final order only dissolves the marriage itself, it doesn’t close the door on financial claims.
Without a financial consent order, your ex can legally pursue:
- A share of your property, savings, or investments
- A portion of your inheritance or lottery winnings
- Rights to your pension
- Spousal maintenance payments
- Claims against your estate if you die first
“The good news?” says Jess Knauf, Director of Client Strategy at Mediate UK – “It’s never too late to secure this protection, and family mediation service can help you reach an agreement that works for both parties.”
What Is a Consent Order?
A consent order is a legally binding court document that records any financial agreement between you and your former spouse. Once approved by a judge, it becomes a court order that both parties must follow.
Your consent order can cover:
Property and Assets – Division of the family home, rental properties, savings accounts, investments, business interests, and personal belongings.
Pension Sharing – How retirement funds are split, including workplace pensions, private pensions, and state pension rights.
Spousal Maintenance – Whether one party pays ongoing financial support to the other, and for how long.
Child Maintenance – Financial arrangements for children (though the Child Maintenance Service typically handles this).
Clean Break Provision – The most important element, dismissing both parties’ rights to make future financial claims against each other.
Why People Don’t Get a Consent Order During Divorce
Understanding why couples skip this step helps explain why it’s so important to address it later:
1. Trusting Informal Agreements
Many couples shake hands on their financial split, trusting each other to honour the agreement. This works fine until circumstances change.
Real-world example: We worked with a couple who informally agreed John would keep his business and savings whilst Sarah kept the family home. Eight years later, John’s company sold for £2 million. Sarah successfully claimed a share because they never formalised their agreement with a consent order. The case cost both parties over £40,000 in legal fees.
2. Focusing Only on the Divorce Itself
The emotional strain of divorce often means couples prioritise getting the final divorce order (formally, decree absolute) signed, leaving financial matters for “later”. Unfortunately, later never comes, or comes too late.
Real-world example: Emma and Mark divorced amicably but never discussed their pensions. Five years later, when Emma discovered Mark’s pension was worth £180,000, she had no legal certainty about her entitlement. Without a post-divorce consent order, she faced lengthy negotiations just to secure what should have been resolved years earlier.
3. Unresolved Financial Disputes
When couples can’t agree on finances during divorce, they sometimes hope time will make things easier. It rarely does.
Real-world example: Julie and Paul couldn’t agree on their joint property in 2020. By 2023, Paul had remarried and had a child, Julie had received an inheritance, and their financial pictures looked completely different. What could have been a straightforward financial settlement became a complex legal battle.
4. Not Understanding the Consequences
Many people genuinely believe their divorce ends all financial ties. This misconception creates serious vulnerabilities.
The landmark case of Wyatt v Vince (2015) demonstrates the risk. The couple divorced in poverty in 1992. By 2011, Mr Vince had built a £57 million wind farm business. Mrs Wyatt successfully claimed a financial settlement 27 years after their divorce because they never obtained a clean break consent order. She received £300,000.
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How Family Mediation Helps Reach Agreement
If you haven’t yet reached a financial agreement with your ex-spouse, family mediation offers a practical path forward. A trained, impartial mediator helps both parties communicate and reach a mutually acceptable agreement without court proceedings.
In England and Wales, courts typically require couples to attempt family mediation before applying for financial orders (with some exceptions for domestic abuse cases).
Benefits of Family Mediation for Financial Settlements
Open, Structured Communication – Mediation creates a safe space for discussing financial needs and concerns. The mediator keeps conversations productive, helping you work through disagreements that might feel insurmountable.
Cost-Effective Solution – Court proceedings for financial orders typically cost £5,000-£15,000 per person. Mediation usually costs £500-£1,500 total, with some couples qualifying for Legal Aid or the Family Mediation Voucher Scheme.
Faster Resolution – Court proceedings can take 12-18 months. Most mediation cases reach agreement within 3-6 sessions over 2-4 months.
Flexible, Tailored Agreements – Unlike judges who must follow strict legal guidelines, mediation allows you to create agreements that reflect your unique circumstances, priorities, and future plans.
Less Emotional Stress – The collaborative nature of mediation typically causes less acrimony than adversarial court proceedings, which matters particularly when children are involved.
Once you reach agreement through mediation, a solicitor converts it into a legally binding consent order. Mediate UK offers a fixed-fee consent order service to streamline this process.
Step-by-Step: How to Obtain a Consent Order After a Divorce
Getting a consent order years after divorce follows the same process as obtaining one during divorce proceedings. Here’s exactly how it works:
Step 1: Reach Financial Agreement
Both parties must agree on how to divide:
- Property and real estate
- Savings, investments, and bank accounts
- Business interests
- Pension pots
- Personal possessions
- Any ongoing maintenance payments
If you’re struggling to agree, this is where family mediation proves invaluable. Most couples find that with professional help, they can resolve disputes that felt impossible.
Timeline: 1-3 months through mediation, potentially much longer through solicitor negotiations
Step 2: Get Professional Drafting
Once you’ve agreed on terms, you need a properly drafted consent order. This isn’t a document you should attempt yourself. The legal wording must be precise, and errors can lead to:
- The court rejecting your application
- Loopholes that allow future claims
- Unintended tax consequences
- Enforcement difficulties
A family law solicitor drafts your consent order to ensure it’s legally sound and includes all necessary provisions, particularly the clean break clause that dismisses future financial claims.
Cost: £500-£1,200 for drafting (Mediate UK offers fixed-fee services) Timeline: 1-2 weeks
Step 3: Complete Form D81 (Statement of Information)
You must both complete a Form D81, which details your current financial situation:
- Property ownership and values
- Savings and investments
- Income from all sources
- Pensions (including Cash Equivalent Transfer Values)
- Debts and liabilities
- Regular expenses
The court uses this information to assess whether your agreement is fair and neither party is being taken advantage of.
Timeline: 1-2 weeks to gather information and complete forms
Step 4: Sign and Submit
Both parties sign the consent order and Form D81. These documents are submitted to the court along with:
- Form A (Notice of Application for Financial Order)
- Your decree absolute or final order
- Court fee of £62
Since April 2022, applications are submitted through the online court portal, making the process faster and more efficient.
Timeline: Same day for submission
Step 5: Court Review
A district judge reviews your application. They’re checking:
- Is the agreement fair to both parties?
- Can both parties meet their needs under these terms?
- Is there any evidence of pressure or inequality?
- Does the agreement properly provide for any children?
Most consent orders are approved without a hearing. However, if the judge has concerns, they may:
- Request additional information or clarification
- Suggest amendments to make the agreement fairer
- In rare cases, require you to attend a court hearing to explain the terms
Timeline: 6-10 weeks for straightforward cases, longer if the court requests amendments
Step 6: Legal Finality
Once approved, the court seals your consent order and sends copies to both parties. From this point:
- The agreement is legally binding and enforceable
- Neither party can make further financial claims (clean break)
- If either party breaches the order, the other can return to court for enforcement
- The financial chapter of your marriage is finally, legally closed
Timeline: Immediate upon approval
Total Timeline
From agreement to sealed consent order: Typically 3-5 months, with most of that time spent in court processing. If you need to reach agreement first through mediation, add 2-4 months.
Why a Consent Order Remains Important Years After Divorce
Protection from Future Claims
Without a consent order, financial claims remain open indefinitely. This creates real vulnerabilities:
- Inheritance: If you inherit money from family, your ex could claim a share
- Property: Buying a new home with a new partner? Your ex might have rights to it
- Business success: Build a successful company? Your ex could claim they contributed to your career
- Pensions: Your retirement funds remain accessible to your ex’s claims
- Death: Your ex could make claims against your estate, affecting your children or new partner
Peace of Mind
Knowing you’re legally protected brings genuine relief. Many people describe finally getting their post-divorce consent order as “closure” or “the final piece”.
Protecting Your New Family
If you’ve remarried or have a new partner, a clean break order protects them from claims by your ex-spouse. It ensures your current family’s financial security.
Enabling Major Decisions
Without financial certainty, making big decisions becomes risky. A consent order allows you to:
- Remortgage or sell property confidently
- Make significant investments
- Transfer pension benefits
- Create a will knowing it can’t be challenged by your ex
- Move abroad without leaving financial loose ends
Common Concerns About Getting a Consent Order After a Divorce
“My Ex Won’t Agree”
If your ex refuses to engage, you can apply for a Financial Remedy Order through the courts. This involves:
- Submitting Form A to the court (£321 fee)
- Both parties completing Form E (full financial disclosure)
- Attending a First Directions Appointment
- Working towards agreement or proceeding to a Final Hearing
The court can impose a financial order even without your ex’s cooperation. However, this route is more expensive and time-consuming than mediation, which is why courts encourage it first.
“We Didn’t Have Much to Split”
Even if you had minimal assets during divorce, you both still have ongoing financial claims. Your circumstances might have changed. Perhaps one of you:
- Inherited money
- Built a successful business
- Bought property
- Received redundancy payments
- Accumulated pension savings
A clean break consent order costs £62 in court fees and typically £500-£800 in legal fees. It’s inexpensive insurance against potentially expensive future claims.
“It’s Been Decades Since Our Divorce”
As the Wyatt v Vince case demonstrated, there’s no time limit on financial claims after divorce. Whether it’s been 2 years or 20 years, you can still obtain a consent order provided neither party has remarried.
“We’re on Good Terms”
That’s wonderful, and it makes obtaining a consent order much easier. However, circumstances change:
- New partners might encourage your ex to claim what they’re “entitled to”
- Financial pressures might make your assets more tempting
- Either of you might die, and executors or new spouses might make claims
A consent order isn’t about distrust, it’s about providing certainty for both parties.
Frequently Asked Questions
Can I get a consent order if I’m already divorced?
Yes. You can apply for a consent order after a divorce at any time, provided neither party has remarried. The process is identical whether you’re getting divorced or divorced years ago. You’ll need to reach an agreement, have it professionally drafted, complete Form D81, and submit everything for court approval.
How much does a consent order cost after divorce?
The court fee is £62. Professional drafting by a solicitor typically costs £500-£1,200. If you need family mediation to reach agreement first, expect £500-£1,500 total (though vouchers and Legal Aid may be available). Overall, obtaining a consent order usually costs £600-£2,000, substantially less than the £10,000-£30,000 you might spend in contested court proceedings.
How long does it take to get a consent order approved?
Once submitted, straightforward consent orders typically take 6-10 weeks for court approval. However, this varies by court and whether the judge requests any amendments. If you need to reach agreement first, add 2-4 months for mediation. Total timeline from starting discussions to sealed order: 4-6 months typically.
Do I need a solicitor to apply for a consent order?
Technically, no. However, DIY consent orders are frequently rejected by courts for incorrect legal wording, missing provisions, or unfair terms. Given that a rejected application means starting again (and paying another £62 court fee), plus the risk of leaving loopholes that allow future claims, professional drafting is strongly recommended. It’s a small cost for significant peace of mind.
What happens if my ex won’t agree to a consent order?
If your ex refuses to engage or you can’t reach agreement, you can apply for a Financial Remedy Order through the courts. This involves submitting Form A (£321 fee), full financial disclosure, and potentially attending court hearings. The court can impose a financial settlement even without your ex’s agreement. Before this, courts require you to demonstrate you’ve attempted mediation (unless exemptions apply, such as domestic abuse).
Can a consent order be changed after it’s approved?
Once sealed, consent orders are difficult to change. Courts only set them aside in exceptional circumstances:
- Material non-disclosure of assets during the original agreement
- Fraud or misrepresentation
- Significant, unexpected events shortly after the order (very rare)
This is why getting the terms right first time is so important. Make sure you fully understand and agree with every provision before signing.
Will the court definitely approve our consent order?
Not automatically. Judges reject roughly 10-15% of consent orders because:
- Terms appear unfair to one party
- Insufficient financial disclosure
- Missing or incorrect provisions
- One party can’t meet their reasonable needs under the terms
- Child welfare isn’t adequately provided for
This is another reason why professional drafting matters. Experienced family law solicitors know what judges look for and draft orders that pass scrutiny first time.
Can we include arrangements for our children?
You can include child maintenance in a consent order, but courts only enforce it for 12 months. After that, the Child Maintenance Service (CMS) takes over. You can include provisions for:
- School fees (nursery through university)
- Extracurricular activities
- Holiday costs However, day-to-day child maintenance is better handled through the CMS or a private arrangement.
Final Thoughts
Getting a consent order after a divorce isn’t just about protecting yourself, it’s about moving forward with confidence and security. It’s about knowing that the financial chapter of your marriage is truly closed, allowing you to build your future without looking over your shoulder.
Whether your divorce was last month or last decade, whether you’re on good terms with your ex or barely speaking, whether you had substantial assets or very little, a consent order provides the legal certainty you both deserve.
The process is straightforward, affordable, and achievable. With or without mediation, with or without contested issues, there’s a path to obtaining your consent order.
Don’t leave it to chance. Don’t assume informal agreements are enough. Don’t risk future claims against your assets, inheritance, or pension.
Take this final step. Get your consent order. Close this chapter properly.
Additional Resources
Government Guidance:
Legal Forms:
Mediate UK Services:
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