Do I Need a Consent Order for Divorce?

Do I Need a Consent Order?

Many people assume that once their divorce is finalised, all financial ties between them and their former spouse automatically end. In reality, this is not always the case under UK law.

This leads to a common question: do I need a consent order after divorce?

What Happens to Finances After Divorce?

In most situations, the answer is resounding yes. There is no beating around the bush, a consent order is the only legally binding way to formalise a financial agreement and prevent future claims between former spouses (get a clean break).

Divorce legally ends a marriage, but it does not automatically settle financial matters between spouses.

Even after a divorce has been finalised, either party may still be able to bring financial claims relating to:

• Property or the family home

• Savings and investments

• Pensions

• Income or future earnings

• Spousal maintenance

• Inheritance

• Lottery winnings

Unless there is a court-approved financial order, those claims can potentially remain open.

This is why many divorcing couples choose to obtain a consent order as part of their financial settlement.

What Is a Consent Order?

A consent order is a legally binding document approved by a family court that confirms how divorcing spouses have agreed to divide their finances.

It turns a private agreement into a court order, meaning both parties must follow its terms.

A consent order can cover:

• Property ownership and sale agreements

• Division of savings and investments

• Pension arrangements

• Responsibility for debts

• Maintenance payments

Once approved by a judge, the consent order becomes legally enforceable.

For deeper understanding of a what a consent order is, see our article: What Is a Consent Order?

Why Do Many People Get a Consent Order After Divorce?

There are several important reasons why people obtain a consent order when separating finances.

1. To Make a Financial Agreement Legally Binding

If you and your former spouse have agreed how to divide your finances, a consent order ensures that the agreement is formally recorded and enforceable, backed by court.

Without a court order, informal agreements will not provide any level of protection.

Separation agreements, pre-nuptial agreements, post-nuptial agreements are all technically not legally binding until a consent order formalises them.

For more information about whether separation agreements are legally binding you can view our article here: Are Separation Agreements Legally Binding?

2. To Achieve a Clean Break

One of the main reasons couples apply for a consent order is to avoid the possibility of future financial claims.

In some cases, individuals have attempted to make claims against a former spouse years after the divorce has finalised where finances were never formally settled. A consent order will prevent this situation.

If you have sold and split a property, you may think the matter is over. That is until your ex-spouse has received different advice and is claiming some of that equity back from you.

Consent orders include a clean break clause which ensures that neither spouse can make financial claims against the other in the future, allowing both parties to move forward independently.

For many couples, this provides reassurance and financial certainty after divorce.

Do You Always Need a Consent Order?

Not every divorce involves significant financial assets, and some couples separate with very little shared property or savings. You may be thinking that this is good justification for not getting a consent order but you would be wrong. Even if you have no assets now, the consent order is focused on the protection of future assets.

Are you planning on buying a house in the future? Are you expecting to inherit any money or property? Perhaps you are thinking about remarrying and building assets with a new partner. Maybe it isn’t about you and your ex-spouse racks up lots of debt that can come back to you.

These are the worries that you can put behind you once you have a consent order knowing your ex-spouse cannot claim anything else from you or hold you liable for debts.

Without one, financial matters are technically unresolved.

So, Do You Need a Consent Order After Divorce?

While it is not a legal requirement, a consent order is often the best way to formalise a financial agreement and protect both parties from future claims.

By turning an agreed settlement into a court-approved consent order, it provides clarity, legal protection, and peace of mind for both individuals moving forward after divorce.

If you would like to have a free consultation regarding a consent order with no obligations, give us a call. If you would like to see our consent order services, you can do so here.

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

Clean Break Divorce