What is a financial consent order?
What is a financial consent order?
A financial consent order is a legally binding court document that records how you and your ex-partner have agreed to divide your finances after divorce or dissolution of a civil partnership. It must be approved and sealed by a family court to take effect.
In England and Wales, financial claims arising from marriage or civil partnership do not automatically end when you divorce. Without a financial consent order approved by the court, either person could potentially make a financial claim in the future. A consent order provides certainty by formalising your agreement and, where appropriate, dismissing future claims.
The court has the power to approve a financial consent order once a conditional order of divorce (formerly, decree nisi) has been pronounced. The order becomes legally effective when the final order (formerly, decree absolute) is made.
Why it matters (protecting against future claims)
The main reason to obtain a financial consent order after divorce is to protect parties from future financial claims.
Even if you have agreed how to divide property, savings, pensions, and what spousal or child maintenance you or your ex-spouse would be paying, that agreement is not legally binding unless it is sealed by the court. Without an order, financial claims remain open.
Under the Matrimonial Causes Act 1973 (for married couples) and the Civil Partnership Act 2004 (for civil partners), the court has wide powers to redistribute income, capital and pensions. A properly drafted financial consent order can:
- Dismiss future financial claims (often called a “clean break”)
- Record lump sum, property transfer or pension sharing arrangements
- Provide for periodical payments / spousal maintenance (often called “alimony” by international clients)
- Provide certainty and finality
This protects both parties from unexpected claims years later, even if circumstances change.
Consent order vs clean break order (what’s the difference?)
A financial consent order is the document that sets out your financial agreement and is approved by the court.
A “clean break” is not a separate order. It is a provision within a consent order that dismisses future financial claims between you.
Section 25 of the Matrimonial Causes Act 1973 requires the court to consider multiple factors before deciding what the financial settlement should look like. If suitable, the court will approve a clean break so that neither party can make further claims against the other.
Not every case can achieve an immediate clean break, for example, where ongoing spousal maintenance is appropriate, but many can.
When you should apply
You should apply for a financial consent order after the conditional order of divorce has been made but before applying for the final order.
This timing is important. Once the final order is granted, certain rights – such as pension benefits or inheritance rights – may be affected. In some situations, delaying a financial application until after the final order can weaken your position.
That said, you can begin negotiations at any stage: before starting divorce proceedings, during the process, or after the conditional order. Reaching agreement early can save time and costs.
The court fee for a financial consent order is currently £60.
The process step-by-step (agreement, draft, court approval)
The application process for a financial consent order involves drafting the order, lodging the order with the court, and obtaining court approval. The statement of information should accompany the consent order as well as any pension sharing annexes (if relevant). Below is the breakdown of the relevant steps:
- Financial disclosure
Both parties should provide full and frank disclosure of their financial circumstances (income, property, savings, pensions and debts). - Agreement
Terms are negotiated directly, through solicitors, mediation or other forms of dispute resolution. - Drafting the financial consent order
A solicitor prepares the consent order and a Statement of Information form, summarising both parties’ financial positions. - Court submission
The documents are sent to the court with the court fee. A judge reviews the paperwork to ensure the agreement is fair and reasonable. Nowadays, for solicitors, this procedure is digital, via the court portal. - Court approval
If satisfied, the judge seals the financial consent order. It becomes legally binding upon the final order of divorce.
The court retains discretion and can request clarification or refuse approval if the terms appear unfair or if disclosure is inadequate.
Common mistakes that cause delays or rejection
The most common issue is incomplete or inaccurate financial disclosure. If a judge suspects material non-disclosure, the order may be rejected or even set aside later.
Other common mistakes include:
- Poorly drafted or ambiguous clauses
- Failing to deal with pensions properly
- Unrealistic or unfair arrangements
- Not reflecting the true financial position in the Statement of Information
- Overlooking tax consequences
It is also important to obtain tax, financial and pension advice where relevant. For example, pension sharing orders require precise drafting and pension scheme information.
How long does it take?
Timescales for financial consent orders vary depending on court workloads and the quality of the drafting.
If the paperwork is clear and the judge has no questions, approval can be relatively quick. In straightforward cases, orders may be approved within a few weeks, although court backlogs can mean waiting up to 8 – 10 weeks. In urgent (this needs to be justified and another application to speed things up would usually need to be made) or exceptionally efficient cases, approval can be much faster.
Delays are more likely where documents are unclear or disclosure is insufficient.
How can a solicitor help?
Solicitors play a vital role in ensuring the proper drafting of financial consent orders, advising clients on the implications of financial agreements, and ensuring compliance with disclosure requirements.
They can also advise you on whether a clean break is appropriate, whether maintenance should be time-limited, and whether any parts of the order may be varied in the future.
Professional drafting significantly reduces the risk of rejection or later disputes.
Summary
A financial consent order is a critical legal document for formalising financial agreements and protecting parties from future claims following divorce or civil partnership dissolution. The court’s discretionary role ensures fairness and compliance with legal standards, while solicitors provide essential guidance and support throughout the process. Proper disclosure and accurate drafting are crucial to avoid delays or rejection, and the court’s approval is necessary to achieve finality and security in financial arrangements.
