by Jess Knauf, Director of Client Strategy at Mediate UK, June 2026. Information reflects current family law and mediation requirements as of 8 June 2026.
Key Takeaways
- A financial consent order is a court-approved order that makes your divorce financial settlement legally binding and stops future claims.
- Without one, your ex can claim against your future assets, even decades later, as cases like Wyatt v Vince proved.
- A clean break consent order severs all financial ties permanently, protecting future earnings, inheritance, business success and a new partner.
- The court fee is £62, with professional drafting from around £499 for a clean break.
- If you cannot agree between yourselves, mediation is the most cost effective route, and 90% of people who reach joint mediation go on to reach an agreement.
- Court approval usually takes 4 to 10 weeks, with no hearing to attend in most cases.
Financial Consent Order
A financial consent order is a legal document, approved by the court, that makes the financial agreement reached on divorce legally binding and enforceable. It can include a clean break clause that permanently ends all financial claims between you and your ex-spouse. The divorce itself does not do this, which is why a separate consent order is important.
A financial consent order is one of the most important steps you can take to protect yourself after divorce, and it is the part most people get wrong. You can be fully divorced and still have your finances wide open, leaving your ex free to claim against money you make in the future.
This guide explains what a consent order is, why you need one, what it covers, and the cheapest way to get one. Before you read on, the checker below gives you a quick, tailored steer on your own situation.
Consent Order Checker
Answer five quick questions to see whether you need a consent order, whether a clean break is realistic, and what to do next.
1. What best describes your situation?
2. Have you agreed how to divide your finances?
3. Will either of you pay ongoing monthly maintenance to the other (spousal maintenance)?
4. Do you plan to keep the family home for the children for now, rather than selling it?
5. Are there any pensions to consider?
What Is a Financial Consent Order?
A financial consent order is a legal document approved by a judge that makes your divorce financial agreement legally binding and enforceable. Think of it as a financial insurance policy that protects both of you from future claims.
Without one, any agreement you reach about money, property or pensions stays informal. Even if you write it all down and both sign it, that agreement has no legal weight. Either of you could change your mind, or make a claim against the other years or even decades after the divorce. Your divorce and your finances are two separate legal processes, and the divorce alone does not close the financial door.
"We always tell clients that a consent order is not just paperwork, it is protection. We have helped people who thought a handshake agreement was enough, only to face a claim years later when their circumstances improved."
Jess Knauf, Director of Client Strategy, Mediate UK
What Can Happen Without a Consent Order
The risk is not theoretical. These real cases show why it matters.
Wyatt v Vince: the Supreme Court landmark
Dale Vince and Kathleen Wyatt divorced in the 1990s while living modestly. Twenty years later, his green energy company was worth around £100 million. With no financial order in place, she was able to bring a claim, and the Supreme Court confirmed she could pursue it despite the decades that had passed. She eventually received a settlement plus legal costs, all because no consent order had been made at the time of the divorce. You can read the judgment in Wyatt v Vince [2015] UKSC 14.
The lottery winner
In a widely reported case, a man won tens of millions on the lottery around a decade after separating. Because no consent order had been put in place, his former wife was able to claim, and the case settled for a substantial sum plus ongoing maintenance. Money that could have stayed with him had a clean break been secured at the time.
HAT v LAT [2023]: the 30-year-old separation agreement
A couple had a separation agreement from the 1990s that included a clean break clause. The husband made voluntary payments for years. When he stopped, around 30 years after separating, the court ruled that a spousal maintenance claim could still be made. It is a clear reminder that a separation agreement is not the same as a court-approved consent order.
Abigail's close call (a Mediate UK client)
Abigail and her ex-husband had almost nothing to divide, so she nearly skipped a consent order. Her mediator explained the risks and they agreed to make their mediated settlement binding with a clean break. Three years later she had built a thriving beauty business. Her ex made a claim for spousal maintenance, and the clean break consent order protected her completely.
The common thread is that one party's circumstances changed after divorce. A court-approved consent order closes that door. To understand how the courts decide what is fair in the first place, see our guide to the Section 25 factors under the Matrimonial Causes Act 1973.
What Does a Financial Consent Order Cover?
A consent order can deal with almost any financial matter from your marriage:
- Property: sale and division, transfer to one party, or a deferred sale such as a Mesher order, plus who pays the mortgage.
- Pensions: pension sharing, attachment or offsetting. See our guide to pensions on divorce.
- Savings and assets: bank accounts, investments, shares, business interests, vehicles and valuables.
- Debts: mortgages, loans, credit cards and tax. Note that an order binds the two of you, not third-party creditors.
- Spousal maintenance: the amount, frequency and duration of any ongoing support. See our spousal maintenance guide.
Consent Order vs Clean Break Consent Order
People use these terms interchangeably, but they are not the same. A consent order makes your agreement binding. A clean break consent order goes further and ends all future claims. Our separate guide explains the difference between a consent order and a clean break consent order in full.
| Feature | Consent order | Clean break consent order |
|---|---|---|
| Legally binding | Yes | Yes |
| Can include ongoing maintenance | Yes | No, income claims are ended |
| Ends all future claims | Not always | Yes, fully |
| Best for | Where ongoing support is needed or the home is kept for now | Where both are financially independent and want finality |
A clean break can apply to income only, capital only, or both for a complete clean break with no possibility of future claims. Some couples use a nominal order of £1 a year to keep a small door open where circumstances might change.
Consent Order vs Separation Agreement
A separation agreement is useful, but it is not the same level of protection as a court-approved order.
| Feature | Separation agreement | Consent order |
|---|---|---|
| Approved by a court | No | Yes |
| Fully legally binding | Limited, can be challenged | Yes |
| Stops future financial claims | No | Yes, with a clean break |
| When it is used | Before divorce, or for unmarried couples | On divorce, once finances are agreed |
The Cheapest Way to Agree a Consent Order: Mediation
If you have already agreed everything between yourselves, you simply need the order drafting. If you have not, the route you choose to reach agreement makes an enormous difference to the cost, the time and the stress.
This is where we are different from a solicitor. A solicitor acts for one of you and negotiates against the other, usually through letters that each side pays for by the hour. It is slow, it is adversarial, and if it drifts towards court it can cost each of you tens of thousands of pounds. As a family mediation service, we do the opposite. One neutral mediator works with both of you together, you stay in control of the outcome, and the cost is a fraction of the solicitor route. If you cannot agree between yourselves, mediation is the most cost effective way to reach a settlement you can turn into a consent order, and 90% of people who get to joint mediation go on to reach an agreement. Once you have agreed, we can draft the order for you. Our solicitor-drafted Mediation and Consent Order Service includes the mediation and all the paperwork, and can handle complex arrangements such as pensions and maintenance that a simple clean break service cannot.
| Route to agreement | Typical cost | Who decides | Best for |
|---|---|---|---|
| Between yourselves | Lowest, just drafting and the £62 fee | You both | Simple, fully amicable cases |
| Family mediation | Low to moderate, a few fixed-cost sessions | You both, with a neutral mediator | Most couples, 90% reach agreement |
| Solicitor negotiation | High, hourly fees on both sides | You both, through lawyers | Where communication has broken down |
| Contested court | Very high, often £20,000+ each | A judge | A last resort when all else fails |
Since 2014, you are expected to consider mediation by attending a MIAM before you can apply to court for a financial order anyway, so it is usually the sensible first step regardless. You can read more about how financial mediation works and how a mediated agreement is made legally binding.
"We are not solicitors billing by the hour, and we are not on anyone's side. That changes everything. Once both people are in the room with a mediator, the vast majority reach a fair agreement, and we can then turn that straight into a consent order. It is calmer, quicker and a fraction of the cost of fighting it out through lawyers."
Jess Knauf, Director of Client Strategy, Mediate UK
Not agreed your finances yet?
Mediation is the most cost-effective and usually fastest way to reach an agreement you can turn into a consent order. A MIAM is the simple first step.
How to Apply for a Financial Consent Order
- Reach a financial agreement, between yourselves, through mediation, or through solicitors. Since 2014 you must consider mediation first.
- Complete financial disclosure in a Statement of Information (Form D81), covering income, assets, liabilities and pensions. See our guide to financial disclosure on divorce.
- Draft the consent order in precise legal language, covering property, pensions, savings, debts and any maintenance. You can draft your own consent order, but a poorly worded one can be rejected, so most people use a professional drafter.
- Complete the forms: the draft order, Form D81, and Form A (marked for dismissal purposes only).
- Submit to the court and pay the £62 fee, online or by post.
- Court review and approval: a district judge checks the order is fair, on paper, with no hearing in most cases. This usually takes 4 to 10 weeks.
- Implementation: once sealed, the order is binding. Property can be transferred, pensions split, and assets divided as set out.
Family Law Service
Agreed a Clean Break? Get It Drafted for £499
If you have agreed a clean break with no ongoing maintenance, our sister company can draft your order, complete Form A and Form D81, and guide you through the court process for a fixed fee. For orders involving maintenance, a deferred home sale or pension sharing, our solicitor-drafted Mediation and Consent Order Service is the route.
How Much Does a Financial Consent Order Cost?
The court fee is £62. On top of that is the drafting cost, which depends on how you go about it:
| Option | Typical cost |
|---|---|
| Court fee (everyone pays) | £62 |
| Online clean break order (simple) | From around £499 |
| Solicitor-drafted (standard) | Around £800 to £1,500 |
| Complex (pensions, businesses, multiple assets) | £1,500 to £3,000+ |
| Contested court proceedings | £20,000+ each, 12+ months |
The £62 court fee may be reduced or removed if you qualify for a fee remission, for example if you are on a low income or receive certain benefits.
The gap between agreeing through mediation and fighting through court is the single biggest factor in what your divorce ends up costing. See our full breakdown of mediation costs.
Timing, Finality and Children
Can you get a consent order after divorce?
Yes. There is no time limit, but applying sooner is better, as circumstances can change.
When can you apply?
You can apply once your conditional order (formerly decree nisi) is granted. It only takes effect once your final order is made and the order is sealed by the court.
Can a consent order be changed?
Once sealed, a consent order is designed to be final. Maintenance can sometimes be varied, but a clean break generally cannot. A court will only set an order aside in exceptional cases such as fraud, non-disclosure, duress or a Barder event.
What about children?
Child arrangements are not part of a financial consent order. Child maintenance can be included but is only binding for 12 months, after which either party can apply to the Child Maintenance Service.
Summary
A financial consent order turns your divorce settlement into a binding court order, protecting you from future claims. With a clean break, neither of you can make a financial claim against the other in the future. The cases in this guide show why that protection matters, even when there is little to divide now.
The court fee is £62 and it is usually all done online now. If you have not yet agreed your finances, mediation is the most cost-effective and usually fastest route, with 90% of people who reach joint mediation going on to agree. We can then turn that agreement into a consent order for you.
Frequently Asked Questions
Do I need a solicitor for a financial consent order?
No, you are not legally required to use one. You can draft and submit a consent order yourself, though professional help reduces the risk of errors that cause delays or rejection. Many people use a fixed-fee drafting service as a cost-effective middle ground.
Can I get divorced without a financial consent order?
Yes, divorce and financial orders are separate processes. However, this leaves both of you exposed to future claims. We strongly recommend getting a consent order, even if your divorce is already complete.
How long does court approval take?
Typically 4 to 10 weeks after submission, depending on the court's workload and the complexity of your order. Online applications are often processed faster than paper ones.
What is the court fee for a financial consent order?
The current court fee is £62, payable when you submit your application. A reduction may be available through Help with Fees if you are on a low income.
Is a separation agreement the same as a consent order?
No. A separation agreement is a private contract that is not court approved and has limited enforceability. A consent order is approved by a judge and is fully binding. HAT v LAT [2023] showed how a separation agreement, even with a clean break clause, did not prevent a claim 30 years later.
Do I need a consent order if I have no assets?
Yes, even couples with no significant assets should consider a clean break order. It protects you against claims on future inheritance, business success or a lottery win, and protects a new partner's assets if you remarry.
Can a financial consent order be overturned?
They are designed to be final and are very hard to overturn. A court may set one aside only in exceptional circumstances, such as fraud, non-disclosure of significant assets, duress or a Barder event.
Can I get a consent order if the other party will not agree to one?
No. A consent order needs both of you to agree and sign, that is what consent means. If your ex will not engage, you cannot obtain one by agreement. You can keep negotiating, try mediation to bring them to the table, or as a last resort apply to court for a financial order, where a judge decides. Mediation is usually the quickest and cheapest way to move a reluctant partner forward.
Do we have to disclose our assets if we have agreed to just keep what is ours?
Yes. Both of you must give full and honest financial disclosure, even where you have agreed to each keep what is in your own name. The judge needs the full picture to check the agreement is fair before approving it. Without proper disclosure, the order can later be challenged or set aside, which defeats the purpose.
Can we use the values from when we separated, or do they need to be up to date?
Disclosure should reflect your current, up to date financial position, not the values from when you separated. The court assesses fairness on where things stand now. If a lot of time has passed, values will have moved, and using old figures risks the order being queried or rejected.
What happens if the court does not agree with the consent order we have agreed?
A judge can refuse to approve an order they think is unfair or unclear. In practice they rarely reject one outright. They usually raise a query or ask for more information, and you can amend and resubmit. They will not tell you what to put instead. If their concerns cannot be resolved, you would have to apply for the court to decide, which is slower and more expensive, so getting the order drafted properly first really matters.
I am being pushed into signing a consent order, how do I know if it is fair?
You should never sign under pressure, and take the time you need. An order agreed under duress can be set aside. Before signing, make sure there has been full disclosure on both sides, and consider independent legal advice or a barrister's view on whether the terms are reasonable for your situation. Mediation is a good way to reach terms that genuinely work for both of you, rather than terms imposed by one side.
You Might Also Find Helpful
| Consent Order vs Clean Break Consent Order Read the guide | Financial Settlement on Divorce View the guide |
| Financial Disclosure on Divorce Find out more | Pensions on Divorce Learn more |
Ready to Get Your Financial Consent Order?
If you have not yet agreed your finances, mediation can help you reach a fair agreement. If you have already agreed, we can draft your consent order and make it legally binding. Not sure where to start? Have a free chat with our team.
Our Legal Partnerships
Mediate UK works closely with trusted legal partners including DFA Law LLP, St Ives Chambers, and The Family Law Consultant. These experienced legal professionals support our clients with consent orders, legal documentation, and independent barrister reviews.
DFA Law is regulated by the Solicitors Regulation Authority (SRA). Their family law team, led by Rachel Adams, is recognised by The Legal 500 and Chambers and Partners.