Consent Order vs Contested Financial Order: What’s the Difference in a UK Divorce?

Consent Order vs Contested Financial Order

When you go through a divorce in the UK, dividing finances fairly is often just as important as ending the marriage itself. To legally finalise a financial settlement, there are two main types of court orders: a consent order and a contested financial order.

Understanding the difference between these two is crucial, especially if you and your ex-partner can’t agree on how to split money, property, or other assets. This guide breaks down the key distinctions to help you navigate your options.

1. What Is a Consent Order?

A consent order is a mutual agreement between divorcing spouses that is approved by a court. It legally confirms how you and your ex-partner will divide your finances including property, savings, debts, pensions, and, in some cases, spousal maintenance.

Key features:

• You both voluntarily agree to the terms.

• No court hearing is needed (normally).

• A judge must review and approve the order to ensure it’s reasonably fair.

• The judge cannot change your proposed agreement

• It only becomes legally binding once sealed by the court.

  
  

If you and your ex have reached a full financial agreement, whether directly, through mediation, or via solicitors, you can proceed with a consent order.

2. What Is a Contested Financial Order?

A contested financial order (also known as a financial remedy order) is required when you cannot reach agreement on financial matters and need the court to decide for you.

Key features:

• The process includes up to three hearings: First Directions Appointment (FDA), Financial Dispute Resolution (FDR), and, if needed, a Final Hearing.

• Each side presents evidence using Form E (e.g., income, expenses, assets).

• A judge makes the final decision on how assets will be split.

  
  

If negotiations or mediation fail and one or both parties refuse to agree on a fair financial settlement, a contested financial order is your final option to achieve a settlement.

4. Why a Consent Order Is Preferred (When Possible)

A consent order is often quicker, cheaper, and less stressful. It allows couples to retain some control over the outcome, rather than leaving decisions entirely up to a judge.

Judges will still review the consent order carefully to make sure it is fair and reasonable based on each party’s financial circumstances.

5. When a Contested Order May Be Necessary

You may need to go to court if:

• One person is hiding assets or being dishonest.

• There's a significant imbalance in what each person wants.

• Domestic abuse, manipulation, or financial coercion is involved.

• Attempts at mediation or negotiation have failed.

  
  

In these cases, a court order ensures a fair, enforceable outcome, even if it takes longer and costs more.

6. Do I Need a Solicitor? - Think About Costs

It is easy to fall into the routine of thinking you need a solicitor to sort everything out. Whilst this is sometimes just how it needs to be, it does cost more, a heck of a lot more.

I have heard quotes of anywhere from £10,000 to £50,000 to sort out a financial order. I even had a client that had already spent £80,000 on solicitor fees and still came to us to get a consent order in the end.

Every situation is different, not everyone has the luxury of being able to amicably agree their finances upon divorce. It is a good idea to think twice about getting solicitors involved because although their job is to negotiate a better settlement, if you pay £30,000 more on legal fees then there is often no point.

Final Thoughts

The choice between a consent order and a contested financial order depends entirely on whether you and your ex-spouse can reach a fair agreement on your own. If you can, a consent order provides a fast and affordable path to legal certainty. But if cooperation isn’t possible, a contested order may be necessary to secure your financial rights.

Legal advice from a family solicitor is always recommended so that you are both fully aware of your financial position and what you are each entitled to, especially when large assets or pensions are involved.

Written by Aaron O'Toole, MSc in Law and Business

Clean Break Divorce