Key Highlights:
- A consent order for divorce is a legally binding document that formalises your financial agreement after divorce
- You can obtain one through mediation services, online providers, or solicitor firms, with costs ranging from £289 to £5,000+ per person
- The process typically takes 2-4 weeks with regulated services or 2-3 months with budget online providers
- Since April 2022, whilst divorce became easier, getting a consent order became more complex with the new 23-page D81 form
- Most divorced couples should get a consent order to protect themselves from future financial claims
- You’ll need full financial disclosure from both parties before the court will approve your order
Going through a divorce brings many challenges, and one of the most important decisions you’ll face is whether to get a consent order for divorce. You might be wondering what exactly this document is, whether you need one, and how to go about getting it without breaking the bank or adding unnecessary stress to an already difficult time.
The good news is that there are now more options than ever to get a financial consent order, from budget-friendly online services to comprehensive mediation packages. However, the process has become more complex since the law changed in 2022, which means making the right choice for your situation is more important than ever.
In this comprehensive guide, we’ll walk you through everything you need to know about a consent order for divorce, helping you understand your options and choose the best route for your circumstances.
What is a Consent Order for Divorce?
A consent order is a legal document that records the financial agreement you and your ex-spouse have reached regarding your divorce settlement. Once approved by the court, it becomes legally binding and protects both parties from future financial claims.
The document covers various financial matters including:
- Division of property and assets
- Pension sharing arrangements
- Spousal maintenance (if applicable)
- Child maintenance agreements
- Debt responsibilities
Jess Knauf, Director of Client Strategy at Mediate UK, explains: “We often see clients who think a verbal agreement or simple written document is enough. However, without a consent order, either party can make a financial claim against the other years down the line, even after remarriage. We worked with a couple who separated amicably in 2018 with a handshake agreement, but when one partner inherited money in 2023, the other made a successful court claim for a share.”
Why Do You Need a Consent Order?
The importance of getting a consent order for divorce cannot be overstated. Without one, your financial ties to your ex-spouse remain legally active indefinitely. This means:
- Future Financial Claims: Either party can make a claim against the other’s assets, income, or inheritance at any point in the future.
- Property Protection: Your home and other assets remain vulnerable to claims.
- Pension Security: Your pension could be subject to future sharing claims
- New Relationship Impact: A future partner’s assets could potentially be affected
The case of Wyatt v Vince [2015] UKSC 14 perfectly illustrates this risk. The Supreme Court allowed a wife to pursue financial claims 20 years after separation, despite both parties having moved on and remarried.
How the Law Changed in April 2022
When no-fault divorce was introduced in April 2022, the divorce process became significantly simpler. Couples no longer needed to prove fault or live apart for two years to get divorced. However, this change created an interesting contradiction in the system.
While divorce became easier, getting a financial consent order became more complicated. The court form required for consent orders, known as Form D81, expanded from 6 pages to 23 pages. This means couples now need to provide much more detailed financial information, including:
- Complete asset valuations
- Detailed income information for both parties
- Comprehensive pension details
- Business valuations where applicable
- Future earning capacity assessments
Your Options for Getting a Consent Order
The market for consent order services has expanded significantly, offering various options depending on your budget, complexity of finances, and whether you’ve already reached an agreement.
Costs and timescales are approximate and may vary. Always confirm pricing directly with your chosen provider.
Detailed Service Analysis
Mediate UK Services
Mediated Consent Order (No Agreement Reached) If you haven’t reached a financial agreement, Mediate UK offers family mediation followed by consent order drafting. This regulated process costs from £1,649 + VAT pp (Tier 1) to £1,799 + VAT pp (Tier 2) and includes up to 4 hours of mediation.
“We recently worked with a couple who came to us completely deadlocked over their family home,” says Jess. “Through mediation, we helped them explore creative solutions they hadn’t considered, including a deferred sale arrangement that worked for both their housing needs and their children’s stability. The consent order we drafted reflected this unique agreement and was approved by the court within three weeks.”
Facilitation Service (Agreement Already Reached) For couples who have already agreed on their finances, the facilitation service costs from £999 per person including VAT. This involves a 90-minute session to review your agreement and ensure it covers everything the court requires.
Online Service Providers
Divorce Online As the largest provider of consent orders in the UK, Divorce Online offers a budget-friendly option starting at £499 including VAT. However, your order will take 2-3 months to complete, and it’s not drafted by qualified solicitors unless you pay extra.
Budget Providers Services like Quickie Divorce (from £289) and Wikivorce (from £950) offer different options but with longer timescales and varying levels of legal oversight.
Fixed Fee · No Hidden Costs
Get Your Clean Break Consent Order for Just £499
Professionally drafted documents, Form A and D81 included, with a free re-draft guarantee if the court raises a drafting query. A straightforward, affordable way to draw a legal line under your finances.
Family Law Service | familylawservice.co.uk
The Process of Getting a Consent Order
Step 1: Financial Disclosure
Both parties must provide complete financial disclosure using Form E. This includes:
- Bank statements for the last 12 months
- Property valuations
- Pension statements
- Business accounts (if applicable)
- Investment portfolios
Step 2: Reaching Agreement
Step 2: Reaching AgreementYou’ll need to agree on how to divide your finances. This can happen through:
- Direct negotiation between yourselves
- Family mediation
- Collaborative law
- Solicitor negotiation
Step 3: Drafting the Order
A qualified person (ideally a solicitor) will draft your consent order based on your agreement. This document must be precise and cover all potential future scenarios.
Step 4: Court Application
The drafted order is submitted to the court along with Form D81 and supporting documents. The court will review everything to ensure the agreement is fair and properly documented.
Step 5: Court Approval
If the court is satisfied, they’ll approve your consent order, making it legally binding. This typically takes 4-6 weeks from submission.
Common Mistakes to Avoid
Inadequate Financial Disclosure The court requires complete honesty about finances. Hiding assets or providing incomplete information can invalidate your order and lead to serious consequences.
Vague Terms in the Agreement Your consent order must be specific. Terms like “reasonable contact” or “fair division” are too vague and can lead to future disputes.
Ignoring Pension Rights Pensions are often the second-largest asset in a marriage. Failing to address pension sharing properly can result in significant financial loss.
Not Considering Future Changes Your order should anticipate potential future changes, such as redundancy, inheritance, or remarriage.
What Happens if You Don’t Get a Consent Order?
The consequences of not obtaining a financial consent order can be severe and long-lasting:
Ongoing Financial Liability Without a consent order, your ex-spouse can make financial claims against you indefinitely. In Wyatt v Vince [2015] UKSC 14, the Supreme Court allowed a former wife to bring a financial claim around 19 years after the divorce.
Impact on New Relationships Future partners’ assets could potentially be affected by claims from your ex-spouse.
Property Insecurity Any property you own remains vulnerable to future claims, regardless of whether it was acquired before, during, or after your marriage.
Special Considerations
High-Value Assets
If your marital assets exceed £1 million, you’ll need specialist advice. The court scrutinises high-value cases more carefully, and you may need additional documentation including:
- Forensic accountant reports
- Business valuations
- Offshore asset disclosure
International Elements
If either party lives abroad or has overseas assets, the process becomes more complex. You may need to consider:
- Which jurisdiction’s courts have authority
- Recognition of the order in other countries
- Currency fluctuation provisions
Pensions and Retirement Planning
Pension sharing is a crucial element often overlooked in consent orders. The court can order pension sharing, offsetting, or attachment. Each option has different implications for your retirement planning.
Cost Considerations and Value for Money
When choosing a service for your consent order, consider not just the upfront cost but the overall value:
Budget Services (£289-£399) Suitable for straightforward cases with simple finances and no urgency. However, the lack of legal oversight and longer timescales may not suit everyone.
Mid-Range Services (£999-£1,799) Offer a good balance of professional oversight and reasonable cost. These typically include some form of legal review and faster processing.
Premium Services (£1,500+) Provide comprehensive legal support and are essential for complex financial situations or high-value assets.
Summary
Getting a consent order for divorce is one of the most important steps you can take to protect your financial future after separation. The process has become more complex since 2022, but with the right guidance and service provider, you can secure a legally binding agreement that gives you peace of mind.
Whether you choose a budget online service or comprehensive mediation support depends on your specific circumstances, financial complexity, and timeline requirements. The key is ensuring you get proper legal oversight and complete documentation that will stand up to court scrutiny.
Remember, the cost of getting a consent order now is minimal compared to the potential financial exposure of not having one.
Jess at Mediate UK says: “We’ve never had a client regret getting a consent order, but we’ve helped many who regretted not getting one sooner.”
Frequently Asked Questions
How long does it take to get a consent order approved? Once submitted to court, approval typically takes 4-6 weeks. However, the overall time depends on how quickly you can reach agreement and complete the drafting process.
Can I get a consent order for divorce if my ex-spouse lives abroad? Yes, but additional considerations apply regarding jurisdiction and enforcement. It’s advisable to seek specialist legal advice for international cases.
What happens if we can’t agree on finances? If you can’t reach agreement, you may need to apply to court for a financial remedy order. However, you’ll usually need to attend mediation first unless domestic violence is involved.
Can a consent order be changed after approval? Consent orders can only be varied in very limited circumstances, such as when there has been material non-disclosure or a significant change in circumstances like disability.
Do I need a consent order for divorce if we don’t have many assets? Yes, even couples with modest assets should consider getting a consent order. It prevents future claims and provides certainty, regardless of your current financial situation.
What if my ex-spouse won’t engage with getting a consent order? You cannot force someone to agree to a consent order, but you can apply to court for a financial remedy order, which can be made without their agreement after proper legal process.
Ready to secure your financial future with a consent order?
Don’t leave your finances vulnerable to future claims. Contact Mediate UK today for a free 15-minute consultation to discuss your options for getting a consent order for divorce. Our experienced team can guide you through the process and help you choose the right service for your situation.
Call 0330 999 0959 or email admin@mediateuk.co.uk to get started.
