Do I Need a Consent Order?
Last updated: May 2026
by Jess Knauf, Director of Client Strategy at Mediate UK
Information reflects current family law and mediation requirements as of
1st May 2026.
Key Takeaways
- Yes, you almost certainly do need a consent order, even if you and your ex agree on everything.
- A divorce ends your marriage, but it does not end your financial claims against each other.
- Without a consent order, your ex can come back years later and claim against your home, savings, pension, inheritance, or business.
- A “kitchen table agreement” is not legally binding and cannot be enforced if your ex changes their mind.
- A clean break consent order shuts the door on future claims permanently and gives both of you certainty.
DO I NEED A CONSENT ORDER
Yes, in almost every case you do need a consent order, even if you and your ex have already agreed how to split your finances. A divorce on its own does not legally close the financial chapter of your marriage, which means either of you can bring a financial claim against the other at any point in the future. A sealed consent order is the only way to make your agreement legally binding and protect both of you long term.
If you and your ex have sat down, talked things through, and reached an agreement, you might be wondering, do I need a consent order at all? It feels like a sensible question. You agree on the house, the savings, the pension, even the car. Surely you can just shake hands, get divorced, and move on?
Unfortunately, no. This is one of the biggest misconceptions in divorce, and it catches thousands of couples out every year. Reaching an agreement is a brilliant first step, but without a consent order it is not legally binding. Either of you can change your mind tomorrow, next year, or even ten years from now, and there is very little the other can do about it.
In this blog we explain why you almost certainly need a consent order if you agree, what happens if you skip one, and how to put one in place quickly and affordably without falling out.
What Is a Consent Order?
A consent order is a legal document, sealed by a family court judge, that records exactly how you and your ex have agreed to divide your finances on divorce. It is called a “consent” order because the court is not deciding for you, you both consent to the terms.
Once a judge approves and seals it, the order becomes legally binding and enforceable. If your ex breaks the terms, you can take it back to court and the court will make them comply. Without that court seal, your agreement is just a private arrangement, however carefully you have written it down.
A consent order can deal with:
Property: who keeps the home, whether it is sold, transferred, or held under a deferred sale- Pensions: pension sharing, offsetting, or attachment orders
- Savings and investments: how cash, shares, and ISAs are split
- Spousal maintenance: whether one of you pays the other ongoing support
- Lump sum payments: any one-off cash payment between you
- Debts: who is responsible for which debts
- Clean break: a formal end to all future financial claims
Property: who keeps the home, whether it is sold, transferred, or held under a deferred saleFor most couples, the most powerful part of a consent order is the clean break clause. This is the bit that closes the door on future claims, and it is the main reason a consent order matters even when there are no real assets to divide.
Why Divorce on Its Own Is Not Enough
Many people assume that once they have their final divorce order, everything is done and dusted. It is an easy mistake to make, because the gov.uk divorce process does not force you to deal with finances at the same time.
In reality, a divorce ends your legal marriage. It does not end your financial marriage. Until a court formally dismisses your financial claims through a consent order, those claims stay open indefinitely. There is no time limit. Your ex could come back five, ten, or even twenty years after the divorce and apply to the court for a share of what you have built up since.
This is exactly what happened in the well-known case of Wyatt v Vince. The couple separated in the 1980s with very few assets. Years later, the husband built a successful renewable energy business and became extremely wealthy. Because no consent order had ever been put in place, the ex-wife was able to bring a financial claim decades after the divorce. The case eventually settled, but it is a stark reminder that informal agreements offer no protection.
If you are asking, is a consent order necessary when we have nothing to fight over, the honest answer from family lawyers and mediators is yes, precisely because circumstances change. You might inherit money, win the lottery, sell a business, or simply build up a healthy pension over the next twenty years. Without a clean break, all of it could be in scope.
The Risks of Divorce Without a Consent Order
Choosing divorce without consent order in place leaves both of you exposed in ways that are not always obvious at the time. Here are the main risks we see when couples come to us after the event.
1. Future financial claims
Without a clean break, your ex retains the right to apply for a property adjustment order, lump sum, pension share, or maintenance at any point in the future. The fact that you “agreed” something verbally or in writing carries very little weight in court if there was no full disclosure or legal advice at the time.
2. Pension claims years later
Pensions are often the second biggest asset in a marriage after the home, but research suggests around 70% of couples never discuss them on divorce. If your ex was a stay-at-home parent or built up a smaller pension than you, they could come back years later and apply for a pension sharing order, even after you have retired.
3. Claims against future inheritance or windfalls
If you inherit money, sell a business, or come into a windfall after divorce, those assets are not automatically protected. Without a consent order with a clean break, your ex can apply to share in them. We have seen cases where a parent dies, the inheritance lands, and an ex-spouse who has not been in touch for years suddenly reappears.
4. The agreement falls apart
Even amicable agreements break down. One of you might lose a job, remarry, struggle with health, or simply change your mind about what feels fair. Without a sealed order, there is no enforcement route. You would have to start fresh financial proceedings from scratch, which is expensive and stressful.
5. Mortgage and remortgage problems
If you agreed your ex would transfer the house to you but you never formalised it, the mortgage lender, the Land Registry, and any future buyer will all want to see a sealed court order. Without one, transfers can stall, remortgages can fall through, and tax reliefs (such as those available for transfers between spouses) can be missed.
Family Law Service
Already Agreed? Get a Clean Break Consent Order from £499
If you and your ex have already worked out who gets what, our sister service Family Law Service can draft a fixed-fee Online Clean Break Consent Order for you, reviewed by a qualified solicitor. No hourly rates, no surprises.
Are There Any Situations Where You Do Not Need a Consent Order?
Strictly speaking, a consent order is not a legal requirement. You can divorce without one. But the situations where we would say a consent order is genuinely unnecessary are very rare. They might include:
Very short marriage: a marriage of only a year or two with no children, no shared property, no joint finances, and similar incomes on both sides- No assets at all: neither party has property, savings, a pension, or expects to inherit anything in the future
- Both parties on benefits with no realistic prospect of building wealth
Very short marriage: a marriage of only a year or two with no children, no shared property, no joint finances, and similar incomes on both sidesEven in these cases, we still usually recommend a clean break consent order, because circumstances change and the cost of putting one in place is small compared with the cost of a future claim. It is the cheapest insurance policy in family law.
For more detail on when an order makes sense and what it should cover, our ultimate guide to a financial consent order walks through every scenario.
“We often see couples who say, ‘we agree on everything, do we really need a consent order?’ Almost always, our answer is yes. The agreement itself is the hard part, and you’ve already done it. The order is just the legal seal that protects you both for the rest of your lives. Skipping it is one of the most expensive mistakes we see in family law.”
Jess Knauf, Director of Client Strategy, Mediate UK
A “Kitchen Table” Agreement Is Not the Same as a Consent Order
A “kitchen table agreement” is the term used when a couple sits down together and works out who gets what. It is a great starting point, and the fact that you can do this between you is a huge advantage. But on its own, it is not legally binding.
A separation agreement, even one drafted by a solicitor, has more weight than an informal handshake but is still not the same as a court order. A judge would usually be guided by it, but they retain discretion. By contrast, a consent order is a court order. There is no discretion to ignore it.
Real Example: When the Agreement Falls Apart
A couple we worked with had separated three years earlier. They had agreed informally that the wife would keep the house, and the husband would take his pension and savings. They divorced amicably, no consent order. Three years later, the husband lost his job, his pension was performing poorly, and he applied to the court for a share of the house, now worth considerably more. Because there was no clean break in place, his claim was valid. The wife had to pay him a six-figure lump sum to settle, far more than a consent order would ever have cost.
How to Get a Consent Order When You Already Agree
The good news is that getting a consent order when you have already agreed is the cheapest, simplest, and quickest version of the process. You have done the difficult part. All that remains is putting it on paper in the right legal language and submitting it to court.
Step 1: Confirm the agreement
Write down exactly what you have agreed: who keeps the house, who pays whom, how the pension is dealt with, who takes which debts, and whether there will be a clean break. If anything is unclear, this is the moment to talk it through. Family mediation can help if you are nearly there but stuck on one or two points.
Step 2: Provide financial disclosure
Both of you complete a Form D81, which sets out your financial position before and after the order. The judge uses this to check the agreement is fair. Our financial disclosure guide explains what is needed in plain English.
Step 3: Have the order drafted
A consent order has to be drafted in proper legal form. It is technically possible to do it yourself, but DIY orders are rejected regularly because of missing clauses or wording errors. A fixed-fee solicitor service is usually the safest and most affordable option.
Step 4: Sign and submit to court
Both of you sign the draft order. It is then sent to the court along with the D81 and a court fee (currently £62). A judge will review the paperwork, and if they are satisfied that the agreement is fair, they will seal the order. From submission to sealed order usually takes between four and twelve weeks, depending on the court’s backlog.
Step 5: Implement the terms
Once the order is sealed, you both carry out what it says, transferring property, splitting pensions, paying lump sums. If anyone fails to comply, the order can be enforced through the court.
Timing: When Can You Apply for a Consent Order?
A consent order can only be applied for once divorce proceedings have started and you have reached the conditional order stage (previously called decree nisi). You then submit the consent order before applying for the final order.
It is strongly recommended to get the consent order sealed before your final divorce order, particularly where pensions are involved. Once you are divorced, certain pension benefits can be lost, including widow’s or widower’s pensions, which can disappear the moment the divorce is finalised without a pension share in place.
If your divorce is already finalised, do not panic. You can still apply for a consent order, but you should do it as soon as possible. The rules around remarriage are particularly important here. If either of you remarries before applying, you may lose the right to claim certain financial provision (the “remarriage trap”).
For full details on timing, our guide to divorce in England and Wales covers each stage.
How Mediation Helps, Even When You Already Agree
If you are reading this and thinking, “well, we agree on most things but not quite everything”, family mediation is often the fastest way to close the remaining gaps. A mediator does not take sides. They help you both have a structured conversation, exchange financial information, and check that what you are agreeing is realistic and fair.
Almost There But Not Quite Agreed?
Most couples we work with are 80% of the way there. A single mediation session is often enough to finalise the last few points so you can move straight to a consent order.
Mediation also produces a document called a Memorandum of Understanding (MOU), which sets out everything you have agreed in mediation. The MOU is not legally binding by itself, but it can be turned straight into a consent order by a solicitor. This is the route most of our couples take, and it is usually the most cost-effective end-to-end approach.
If you want to read more about how mediation works alongside the consent order process, our ultimate guide to family mediation walks through the full journey.
What Happens If a Judge Rejects the Consent Order?
Judges rarely reject consent orders, but it does happen. The most common reasons are:
- The agreement looks unfair: for example, one party walks away with almost nothing and the other takes everything, with no clear reason why
- Information is missing: the D81 has gaps, or pension values are not included
- No legal advice taken: the judge is concerned that one party may not understand what they are giving up
- Drafting errors: the order uses incorrect wording or omits standard clauses
Using a fixed-fee solicitor service to draft the order means most of these issues never come up. The order is checked, the wording is correct, and the supporting paperwork is complete before it goes anywhere near the court.
Summary
If you and your ex already agree on how to split your finances, that is a brilliant starting point. But on its own, your agreement is not legally binding. Do we need a consent order in that situation? Almost certainly yes. Without one, your financial claims against each other stay open indefinitely, which means future inheritances, pensions, and windfalls could all be at risk.
A clean break consent order is the cheapest, simplest way to lock in what you have agreed and protect both of you for the long term. The process is much quicker and more affordable when you already agree, often turning around in a matter of weeks for a fixed fee. It is by far the most sensible final step in the divorce process.
Frequently Asked Questions
Do I need a consent order if we have no assets?
Yes, in almost all cases. A clean break consent order shuts the door on future financial claims, which protects you if you inherit money, build a pension, or come into a windfall later. It is inexpensive insurance against an unpredictable future.
Can we draft a consent order ourselves?
Technically yes, but DIY consent orders are often rejected by the court because of missing clauses or wording errors. A fixed-fee solicitor service is usually the safest and most affordable option.
How much does a consent order cost?
A clean break consent order through a fixed-fee service typically costs around £499 to draft, plus a £62 court fee. More complex orders involving pension sharing or property transfers may cost more. Compared with the potential cost of a future claim, this is one of the best-value steps in the whole divorce process.
How long does a consent order take?
Drafting takes a few days once you have agreed. Court approval usually takes between four and twelve weeks, depending on the court’s workload. The whole process from instruction to sealed order is typically six to twelve weeks.
Can I get a consent order after my divorce is finalised?
Yes, but you should apply as soon as possible. If either of you remarries before applying, you may lose the right to make certain financial claims (the “remarriage trap”). It is always better to put a consent order in place before the final divorce order.
Is a separation agreement the same as a consent order?
No. A separation agreement is a written contract between you and your ex but is not sealed by a court. A judge would usually be guided by it, but it is not enforceable in the same way a consent order is. A consent order is a court order.
What is a clean break order?
A clean break is a clause within a consent order that dismisses all future financial claims between you and your ex. Once a clean break is sealed, neither of you can come back for more money in the future. It is usually the most important part of the order.
What if my ex refuses to sign the consent order?
If your ex will not sign, you cannot obtain a consent order. Instead, you would need to apply for a financial order through the court using a Form A. Mediation is often the best route to get back to agreement before going down the contested court route.
You Might Also Find Helpful
Ready to Lock in Your Agreement?
If you and your ex have already agreed how to split things, getting a consent order is the simplest, most cost-effective way to make it legally binding. Speak to our team and we’ll point you in the right direction, no pressure, no hourly rates.
