Consent Order FAQs

A Consent Order is a legally binding document issued by a court in England and Wales that formalises a financial agreement between divorcing parties. It covers the division of assets such as property, pensions, and savings.

Without a court-sealed order, your ex-spouse can potentially make financial claims against you many years after the divorce is finalised. If there are no ongoing financial obligations the parties can include a clean break clause in the consent order to ensure all ties are broken.

Yes, you can technically draft a financial consent order without a solicitor, but it carries risk. Learn more here – Can I draft a financial consent order without a solicitor?

Yes — in fact, starting the consent order process before your divorce is finalised is often the right approach. A consent order can be drafted and agreed on between parties at any point during your separation, and having it ready to submit to the court early can help avoid delays later.

However, the court will not seal (formally approve) your consent order until a Conditional Order has been granted in your divorce proceedings. This means you do need to have reached at least that stage of the divorce process before your financial agreement becomes legally binding.

If your divorce hasn’t started yet, or you’re in the early stages, our sister company Divorce-Online offers a straightforward online divorce service from £179, and many couples use both services together to handle the divorce and financial settlement side by side.

A clean break order is appropriate where divorcing spouses or civil partners can achieve a full and final financial settlement at the time of divorce. It is commonly suitable where:

• All matrimonial assets can be divided upfront, such as property, savings, and investments
• Pension arrangements are resolved at the point of divorce, either through pension sharing or offsetting
• Neither spouse requires spousal maintenance, either now or in the future
• Both parties have sufficient income or capital to meet their own needs independently

A clean break financial order is not suitable where one spouse requires continuing financial support following divorce. In these cases, removing the right to make future financial claims can expose one party to significant financial risk. You may need a financial consent order that allows for ongoing provision instead of an immediate clean break where:

• One spouse relies on spousal maintenance to meet day-to-day living costs
• There is a substantial imbalance in income or earning capacity that cannot be resolved through an upfront asset split
• Pension provision cannot be fairly equalised at the time of divorce, particularly where retirement is approaching
• Health issues, caring responsibilities, or age limit one party’s ability to achieve financial independence

Without a clean break financial order:

• Future financial claims: Either spouse can apply to the Family Court for further financial provision after divorce if no clean break order is in place.
• Risk to future wealth: Assets acquired after divorce, including inheritances, business success, or other unexpected capital, can still be taken into account in a later financial claim.
• Risk to pensions: Pension rights and post-divorce pension growth are not automatically protected without a clean break order formally ending pension claims.
• Risk to property and capital: Property purchased, savings accumulated, or capital built up after divorce may remain exposed to claims unless financial matters are legally finalised.
• Informal agreements: Financial agreements reached privately between spouses have no legal effect and do not prevent a future court application.

The cost of a consent order typically ranges from around £269 (including VAT) for a standard consent order to £1,500 or more for couples with more complex finances. There is also a mandatory £60 court fee to have the order approved by a Judge at the family court.

Consent Orders Online offers fixed-fee services to help you secure a legally binding clean break divorce settlement. Contact us for a quote tailored to your situation.

Read more about the costs of a consent order in 2026.

A clean break order does not, by itself, divide or transfer any assets. Instead, it dismisses both spouses’ rights to make future financial claims against each other. This includes dismissing claims relating to spousal maintenance, pension sharing, and capital claims arising after the divorce. It is typically used when there are no joint assets to divide, each party keeps what they already own, and both spouses agree that no financial provision is needed.

A financial consent order sets out the specific financial arrangements agreed between spouses following divorce. It makes those arrangements legally binding and enforceable by the court. This type of order will include clear details about how assets are dealt with, such as property arrangements, pensions, lump sum payments, and debts and liabilities. The clean break takes effect once the agreed financial obligations have been met.

The financial clean break is not automatic after a divorce and must be applied for through a financial consent order approved by the court. The application is usually made after the Conditional Order and before the Final Order, once financial arrangements have been mutually agreed.

Once submitted, and provided the judge has no concerns about fairness, a clean break is typically approved within 3 to 6 weeks. In many cases, it is approved at the same time as the Final Order, giving both parties clarity, certainty, and financial independence.

An immediate clean break may not always be appropriate. The court may defer a clean break until a defined future event, such as a child reaching adulthood. In these cases, the draft financial consent order may include spousal maintenance for a fixed period, with the clean break taking effect once that obligation ends.

The court will consider:

• Whether both parties have provided full and honest financial disclosure
• Whether the proposed financial settlement is fair in all the circumstances
• Whether ongoing spousal maintenance is required instead of an immediate clean break
• The income, earning capacity, pensions, health, and future financial needs of both parties

Poorly drafted or unsupported financial orders, or reliance on a generic template, are common reasons applications are delayed or rejected by the court. On paper, a financial settlement can appear unfair to one party. Without a properly drafted supporting statement explaining the reasoning, the court may refuse to approve the order. This is why using specialist solicitors is important.

What does the court consider before approving a consent order?

The D81 Statement of Information is a mandatory court form that must be submitted alongside your Consent Order. It provides the judge with a “before and after” snapshot of both parties’ finances. This allows the court to ensure the proposed settlement is fair and reasonable under the laws of England and Wales.

You can submit your application to the court as soon as you have received your Conditional Order (formerly known as the Decree Nisi). It is generally advised to have the Consent Order sealed by the judge before you apply for your Final Order (Decree Absolute) to protect your pension rights.

Once your drafted documents are submitted to the HMCTS financial remedy centre, it typically takes between 4 and 8 weeks for a judge to review and seal the order. This timeframe can vary depending on the specific court’s workload and the complexity of the agreement.

For more detailed information on consent order timescales in 2026, read our guide – How long does the consent order process take from start to finish?

In addition to drafting costs, the court charges a mandatory filing fee of £60 in England and Wales. This is paid directly to HMCTS. If you are on a low income or receive certain benefits, you may be eligible for a fee reduction or waiver (Help with Fees).

Consent Orders Online provides a fixed-fee, low-cost alternative to traditional solicitors who often charge hourly rates.

You receive the same legally robust drafting for your financial settlement but at a fraction of the price, making it the ideal solution for amicable divorces.

Our specialist drafting team is among the most experienced in England and Wales, having successfully drafted over 100,000 orders since we pioneered online consent order services.

This high volume of experience means we have encountered almost every financial scenario imaginable. When you choose Consent Orders Online, you are benefiting from a decade of refined expertise, ensuring your documents are prepared correctly the first time to meet strict court standards.

Our streamlined process is designed to move as quickly as you are ready to proceed. Here is a realistic breakdown of the timeline in England and Wales:

• Initial Order: Setting up your account takes just 5 minutes by phone.

• Your Questionnaire: Most clients complete our straightforward online questionnaire in about 20 to 30 minutes, depending on the complexity of your finances.

• Drafting & D81 Preparation: Once we have your details, our expert team will draft your Consent Order and D81 Statement of Information. Our standard turnaround is 21 working days, but we offer a Fast Track service for those needing documents within 7 working days.

• Court Submission: After you and your ex-spouse have signed the documents, they can be submitted to the court immediately.

• Judge’s Approval: Once submitted to HMCTS, it typically takes the court 4 to 8 weeks to review and seal the order. While we cannot speed up the court’s internal queue, we ensure your documents are error-free to avoid any unnecessary judicial delays.

Court rejection is more common than many people believe. Read our detailed guide to learn the exact steps you need to take to obtain an approved consent order.

What to Do If Your Consent Order Has Been Rejected?

10 Scenarios When You May Need a Consent Order When Divorcing