What Is a Consent Order and Do You Need One?

Reviewed 30 October 2026 · England and Wales · General information, not legal advice

A consent order is a court order that turns the financial agreement you reach on divorce into a binding, enforceable settlement and ends future claims. Without one, either of you can make a financial claim years later.

A consent order is a court order, made by a judge at the request of both spouses, that turns the financial agreement you have reached on divorce into a binding and enforceable settlement and, usually, ends all further claims between you. You need one if you have agreed anything about property, money, pensions or maintenance, and you need one even if there is nothing to divide, because the divorce itself leaves every financial claim open indefinitely. This guide explains why, what a consent order contains, form D81 and the £62 court fee, when to apply and when the order takes effect, what the judge checks, what solicitors charge, how an order is enforced or varied, and how it differs from a separation agreement.

Why the final order of divorce does not end financial claims

Divorce ends the marriage, not the financial relationship. Under the Matrimonial Causes Act 1973, which governs divorce finances in England and Wales, each spouse's right to apply for a lump sum, a property transfer, a pension share or maintenance survives the final order and lasts until a court dismisses it. There is no limitation period. The cautionary tale is Wyatt v Vince [2015] UKSC 14: the couple separated in 1984 and divorced in 1992 with no financial order, the husband later built a large business, and in 2011 the wife issued a claim. The Supreme Court held that the claim could proceed despite the 19-year delay, and in 2016 it was settled for a lump sum of £300,000 plus a contribution to her legal costs. An inheritance, a business success or a lottery win can be reached by a claim years after the marriage ended unless an order has closed it.

The one way the law does shut the door is unhelpful. Under section 28(3) of the Act, a spouse who remarries without first applying for financial orders loses the right to apply for a lump sum, property adjustment or maintenance against the former spouse. This "remarriage trap" catches the party who remarries, not the other, so the newly remarried spouse can still be claimed against while being unable to claim. A consent order dismissing both parties' claims removes the risk in both directions. The guide to financial settlements on divorce explains how the terms themselves are worked out.

What a consent order contains

A consent order records what you have agreed and dismisses what you have not claimed. Depending on your circumstances it can include:

• A clean break: a dismissal of each party's claims for capital, income and, on death, under the Inheritance (Provision for Family and Dependants) Act 1975, so that neither can come back for more.
• Property adjustment orders: the transfer of the home or other property into one name, or an order for sale with the proceeds divided in stated shares, sometimes with a sale postponed until the children finish school; see what happens to the house in a divorce.
• Lump sum orders, payable by a date or in instalments, sometimes secured against property.
• A pension sharing order, with a pension sharing annex for each pension, transferring a percentage of one spouse's pension to the other; see how pensions are shared on divorce.
• Spousal maintenance (periodical payments) for a fixed term or until a trigger such as remarriage, or a nominal order to keep a claim alive, with or without a bar on extending the term.
• Child maintenance by agreement, which the court can only record where you both consent and which either parent can take to the Child Maintenance Service after 12 months; see how child maintenance works.
• Recitals and undertakings: promises to the court, for example to pay the mortgage until sale or to keep life insurance in place, which are enforceable like orders.

The paperwork: form D81 and the £62 fee

The application is made on Form A, marked as an application by consent, with the draft order signed by both of you or your solicitors and a statement of information on form D81, submitted online by a solicitor or on paper. The D81 gives the judge a snapshot of both households: how long you were married, the children, each party's capital, property, pensions and debts, each party's income, your housing after the divorce, and whether either of you intends to remarry or live with someone. Both of you sign it and confirm having seen the other's figures, because the order rests on a duty of full and frank disclosure. If one party conceals assets the order can be set aside later, as the Supreme Court confirmed in Sharland v Sharland and Gohil v Gohil in 2015.

The court fee for a consent order application is £62, following the increase on 13 July 2026, payable by whoever submits it. There is no court fee for the pension sharing annex, but the pension scheme charges for implementing a share, and the order usually says who pays that charge. Help with Fees applies to the £62 as to other family court fees, and the Family Court's published fee list is the place to confirm the figure if you are applying some time after reading this.

Timing: when to apply and when the order takes effect

A consent order can be lodged only after the conditional order of divorce has been pronounced, although nothing stops you agreeing terms and preparing it during the 20-week waiting period described in how long a divorce takes. The judge can approve the order at any time after the conditional order, but the parts that transfer property, share pensions or pay lump sums cannot take effect until the final order is made. A pension sharing order takes effect on the later of the final order and 28 days from the date of the order, and the scheme then has four months to implement it once it has the documents and its fee. This sequence is the reason for the standard advice not to apply for the final order until the consent order has been approved: if the final order comes first and one of you dies, or remarries, the agreed terms may never take effect.

If you have already been divorced without a financial order, you can still apply for a consent order years later, provided the party who is to receive capital or maintenance has not remarried.

How long approval takes and what the judge checks

The application is dealt with on paper by a district judge, without a hearing, and the time taken depends on the court's workload: a few weeks at some centres, two or three months at others. The judge is not a rubber stamp. Under section 25 of the Matrimonial Causes Act the court must consider whether the terms are fair having regard to the children's welfare, each party's needs, resources and earning capacity, the length of the marriage, the standard of living, health and contributions, and under section 25A it must consider whether a clean break is appropriate.

An order is likely to be queried where the D81 shows a striking imbalance without explanation: one spouse keeps the house and the whole of a large pension after a long marriage; a parent with the children gives up the home with no provision for rehousing; a party on a low income receives nothing while the other keeps substantial capital; or the pension annex does not match the order. The judge may write asking for an explanation or a short statement, list a brief hearing or, rarely, refuse the order. A covering letter explaining anything unusual, for example that one party is keeping a pre-marital inheritance or has been compensated outside the order, avoids most queries. Parties acting without lawyers are asked questions more often, because the judge has no professional's signature to rely on.

What it costs and whether you need a solicitor

The court fee is £62. The legal cost depends on how much is already agreed. Where the terms are settled and the finances are straightforward, many solicitors offer a fixed fee for drafting and lodging the order; fees advertised in 2026 range from a few hundred pounds at online services to four figures at law firms, with more where there are pensions, a business or property abroad. Negotiating the terms, if they are not yet agreed, is charged separately, usually by the hour; the guide to the cost of a divorce covers the full picture.

One solicitor cannot act for both of you, because your interests conflict, but one can draft the order on the instructions of one spouse while the other takes independent advice before signing. Some couples with few assets draft their own order from the standard precedents, but the risks are specific: a clean break that unintentionally dismisses a pension claim, a pension share without an annex, a lump sum with no payment date, or an order the judge rejects because it does not match the D81. Given that the order is final, paying for a solicitor to review the draft is usually proportionate. You can find specialists under divorce solicitors or search by area, for example divorce solicitors in Birmingham or divorce solicitors in Nottingham.

Enforcement and variation

A consent order is enforced like any other court order. An unpaid lump sum can be recovered by a charging order over property, an order against a bank account or an attachment of earnings, and the court can order a party to sign transfer documents or have them signed on that party's behalf. Maintenance arrears are enforced through the Family Court, although arrears more than 12 months old need the court's permission. Undertakings are enforced as promises to the court.

Capital orders, transfers and pension shares are final; they cannot be varied because one party regrets the deal or the housing market moves, and they can be set aside only on narrow grounds such as fraud, material non-disclosure, mistake or an unforeseen event soon after the order that destroys its basis, known as a Barder event. Periodical payments are different: either party can apply under section 31 of the Act to vary, extend (unless the order bars it) or end spousal maintenance when circumstances change, and the court can capitalise it into a lump sum to achieve a clean break later.

Consent order versus separation agreement

A separation agreement (sometimes called a deed of separation) is a contract between you, drawn up when you separate, recording how you will deal with money and property, often before anyone has decided to divorce. It is not a court order. It does not end financial claims, it cannot share a pension, and the court is not bound by it, although it will usually uphold an agreement made with legal advice and full disclosure unless it would be unfair, following Edgar v Edgar (1980) and Radmacher v Granatino (2010). Its uses are real: couples who cannot yet divorce (within the first year of marriage, for example) or who want certainty during a trial separation can record their arrangements and later convert them into a consent order. Agreements made before or during the marriage work in a similar way; see the guide to prenuptial agreements. Unmarried couples cannot use any of these tools because the Matrimonial Causes Act does not apply to them; their position is explained in the common law marriage myth.

Frequently asked questions

Do I need a consent order if we have no assets?

Yes, if you want certainty. A short "clean break" consent order dismisses both parties' claims for capital, maintenance and provision on death, so that neither of you can make a claim if the other later inherits, builds a business or wins money. Without it the claims stay open for life, as Wyatt v Vince showed, and the spouse who remarries loses the ability to claim while remaining exposed. The court fee is £62 and the drafting is simple.

Can I get a consent order without a solicitor?

You can. The forms are public, the standard orders are published and the court accepts applications from litigants in person. The risk is in the drafting: an order that fails to deal with pensions, lacks the pension annex, omits a payment date or does not match the D81 figures will be queried or refused, and a mistake in a final order usually cannot be corrected later. Many couples agree the terms themselves and pay a solicitor a fixed fee to draft and lodge the order.

How long does it take for a consent order to be approved?

Typically a few weeks to a few months after lodging, depending on the court centre and whether the judge raises questions. The application can be lodged only after the conditional order, and the order takes effect on the final order of divorce. Agreeing terms during the 20-week waiting period means the paperwork is ready to file the day the conditional order is pronounced, which keeps the overall timetable short.

Can a consent order be changed after it is made?

Only in limited ways. Spousal maintenance can be varied, extended or ended under section 31 of the Matrimonial Causes Act 1973 if circumstances change. Lump sums, property transfers and pension shares are final and can be set aside only for fraud, material non-disclosure, mistake, undue pressure or an unforeseen event shortly after the order that undermines its basis. Regret, a change in house prices or a new partner are not grounds.

What happens if my ex does not comply with the consent order?

You apply to the Family Court to enforce it. For an unpaid lump sum the court can make a charging order over property, seize funds in a bank account or order deductions from earnings; for a refused property transfer it can sign the transfer deed on the defaulting party's behalf; for maintenance arrears it can order payment and, in persistent cases, use its committal powers. Keep records of every missed payment and act before arrears exceed 12 months.

Can we get a consent order years after the divorce?

Yes, as long as the person who would receive money or property under it has not remarried, because remarriage bars that party from applying for financial orders. Couples who divorced online without dealing with finances often return years later when one wants to sell a house, draw a pension or protect an inheritance. The process is the same: a signed draft order, a D81 statement of information and the £62 fee.

Related guides

• Financial Settlements on Divorce: How Assets Are Divided
• How Long Does a Divorce Take in England and Wales?
• Pensions and Divorce: Pension Sharing, Offsetting and Attachment Explained
• What Happens to the House in a Divorce?
• How much does a divorce cost?

This guide describes the law in England and Wales as at 30 October 2026. It is general information, not legal advice about your situation; the law and the figures it quotes change, so check the position with a solicitor before acting. LawFirms.co.uk is a directory and does not provide legal services.