What Is a Consent Order? A Complete Guide for Divorcing Couples in the UK

What Is a Consent Order?

If you are going through a divorce, you may have come across the term consent order. Many people ask the same question: what is a consent order and do I need one?

A consent order is one of the most important legal steps when separating finances after divorce. Without one, financial claims between former spouses can remain open even after the divorce itself has been finalised.

This guide explains what a consent order is, how it works, and why many divorcing couples choose to obtain one.

What Is a Consent Order?

A consent order is a document that sets out how assets will be split upon divorce and cuts all financial ties, preventing any future claims on assets.  

Consent orders commonly cover:

• The family home and other property

• Savings and investments

• Debts

• Pensions

• Spousal maintenance

  
  

It is the only way to have a legally binding financial agreement upon divorce and it must be approved by court.

Why Is a Consent Order Important in Divorce?

A common misunderstanding is that when a divorce is finalised, financial ties between spouses automatically end. Under UK law, this is not the case.

Even after divorce, either party could potentially make financial claims against the other in the future unless a financial order has been approved by the court.

A consent order provides:

• Legal certainty about financial arrangements

• Protection against future financial claims

• Clear documentation of the agreed settlement

• Peace of mind for both parties moving forward

  
  

For many couples, it represents the final step in resolving financial matters after divorce.

What Is a Clean Break Consent Order?

Consent orders include what is known as a clean break clause. A clean break clause is the most important element of the consent order as it is what grants you the protection from all future claims against the other and cuts all financial ties.

This has sparked the term “clean break consent order” or “clean break order” and it allows both parties to move forward with absolute certainty without having to worry about changing goalposts and future claims.

Clean break orders are highly recommended and are often deemed an essential part of the divorce process by those who have gone through a divorce already.  

How Does a Consent Order Work?

The process usually involves several steps:

1. Both spouses reach an agreement about how finances will be divided.

2. A legal professional prepares the consent order document outlining the terms.

3. Both parties complete a Statement of Information form (Form D81), providing a summary of their financial situation.

4. The documents are submitted to the family court.

5. A judge reviews the agreement to ensure it appears fair and reasonable.

   
   

If the judge approves the arrangement, the consent order becomes legally binding upon finalising the divorce.

When Should You Apply for a Consent Order?

Consent orders are typically applied for about 6 months into the divorce process, once you have received the “conditional order” however they can also be submitted any time after the divorce has been finalised.

Applying for a consent order before the divorce is finalised is normally recommended because it helps maintain some leverage and encourage both parties to get the finances agreed because they want the divorce to be finalised.

It can also help to avoid uncertainty and provide clarity about financial arrangements sooner rather than later.

Do You Need a Solicitor for a Consent Order?

While it is technically possible to apply for a consent order without legal assistance, many couples choose to work with a divorce specialist or solicitor.

Professional assistance can help ensure:

• The order is properly drafted to the court’s requirements

• The agreement is clear, comprehensive and makes legal sense

• The court is more likely to approve the application without delays

  
  

Judges are very picky when approving consent orders, it is not just a rubber stamp exercise. Any mistakes or missing information will result in the court rejecting the order.

How Long Does a Consent Order Take?

The consent order can take a couple of weeks to a couple of months to draft and gather all the financial information. This will depend on the company used and your particular financial situation but once submitted to the court, consent orders are often reviewed by a judge within 4-8 weeks, although timeframes can vary depending on court scheduling.

If the judge has questions about the agreement, they may request additional information before granting approval which would likely add another month to the process.

If your consent order has not been reviewed within 10 weeks of it being referred to a judge, you can (and should) contact the court for an update.

How Much Does a Consent Order Cost?

The total cost of obtaining a consent order usually includes:

• The court fee of £60 (as of March 2026)

• Drafting fees which can vary from £300 to £1,200 with non-solicitor-based companies and anywhere from £1,800 to £5,000+ for solicitors.

  
  

Costs can vary depending on the complexity of the financial settlement and the company used. Our pricing is fixed and ranges between £500 and £800 to cover all types of consent orders.

For a deeper look at costs, please see our article: Consent Order Costs in the UK

Need a Consultation?

For many divorcing couples, a consent order provides the certainty and closure needed to move forward confidently after divorce.

If you have already reached an agreement with your finances and want to formalise it, a consent order will help ensure that your settlement is fully legally binding and absolutely final.

Get in touch today for a free consultation with no obligations.

Get in touch with our friendly advisors today if you need help getting a consent order. If you would like to view our consent order services, you can do so here.

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

Clean Break Divorce