Getting A Consent Order in Divorce: Process and Timings in the UK

When divorcing in the UK, sorting out finances is one of the most important steps to protect yourself from any future claims from your spouse and doing it legally requires a consent order. A consent order is a document that makes your financial agreement legally binding and permanent; it cannot be changed later. This article explains what a consent order is, how the process works, and how long it typically takes.

1. What Is a Consent Order?

A consent order is a legal document approved by a judge that formalises your financial settlement after a divorce. It can include:

• sale/buyout of property

• Lump-sum payments

• Spousal maintenance

• Pension sharing

• Child maintenance (to a limited extent, ongoing payments are usually handled by the Child Maintenance Service)

Once approved by court, the order is legally binding, meaning neither party can make future claims on your assets.

2. Who Can Apply for a Consent Order?

You can apply for a consent order if:

• You are in the process of divorcing or have a finalised divorce (a final order or decree absolute).

• You and your ex-partner agree on how to divide finances and assets.

• You both sign the agreement willingly.

If you can’t agree, you’ll need to go through mediation or apply for a contested financial order instead, which takes more time, costs much more and typically requires solicitors.

3. The Consent Order Process: Step-by-Step

a) Reach an Agreement

Before applying for a consent order, both parties must agree on how to divide all financial matters. This can be done:

• Privately between the two of you

• Through solicitors

• Via mediation

This step can be as slow or fast as you both allow. This does not mean you have to settle just to get it over and done with which is a surprisingly common attitude. You should always ensure you are aware of what you are entitled to and seek legal advice if needed.

b) Draft the Consent Order

Although you can draft your own consent order, the likelihood of it being approved is... slim to say the least. A consent order is not just a one-page, bullet-pointed set of statements that roughly outline what you have agreed. It needs to point to the correct areas of the law and ensure that the wording is legally accurate and comprehensive.

A poorly worded or incomplete consent order will be rejected by the court and they don't exactly give you any useful guidance as they just don't have the time. They will tell you to simply get it drafted properly with legal assistance. This is exactly what we are here for.

The Statement of Information for a Consent Order (Form D81) is also required when submitting a consent order application. This is a document that outlines each person’s financial situation. This is the full financial disclosure which includes savings, property, debts, pensions and income. It must be truthful and accurate.

c) Submit Your Application to the Court

Submit the following documents to court:

• The drafted Consent Order

• Form D81

• Conditional Order or Final Order of Divorce (whichever is the latest document)

• Form A

• The court fee of £60 (as of May 2025) will be requested from you by phone from the court.

  
  

You do not need to attend court if the judge is satisfied with the paperwork.

d) Judge Review

A family court judge will review the consent order. They’ll check whether it is:

• Fair and reasonable

• In line with both parties’ financial situations

• correctly drafted

  
  

If satisfied, the judge will seal (approve) the order and return a copy to each party.

If the judge is not satisfied, they may request amendments, further information, or a short hearing.

Remember, within the confines of a consent order application, the judge won't award either party more from the settlement, they just reject it entirely if it doesn't seem fair.

4. How Long Does It Take to Get a Consent Order?

Once you have reached an agreement, the actual drafting takes 1-2 weeks for us to draft everything for you.

When it has been submitted to court, it takes about 6 weeks for them to review and approve it.

5. When Should I Apply For A Consent Order?

The optimal time to apply is as soon as you have received your conditional order. It cannot be submitted before the conditional order has been granted.

When the conditional order is granted though, you have to wait 6 weeks before you can finalise the divorce so this is the perfect window to get the consent order done.

5. Why Get a Consent Order?

Even if you have no assets or believe your current arrangement is informal and fair, a consent order is important because it prevents future financial claims (even years later). It gives both party's peace of mind and certainty. It is also enforceable in court if either party breaches the terms.

Without a consent order, your ex-spouse could make a claim against your future income or assets, including inheritances, business proceeds or property built up with a new partner.

Get in touch with our friendly advisors today if you need help getting a consent order or want to find out about how it applies to your personal situation.

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

Clean Break Divorce