Consent Orders in the UK: A Complete Guide
A consent order is the only way to make your financial agreement legally binding on divorce. Without one, financial claims remain open indefinitely.
We explain what a consent order is, why it matters, the UK legal framework, how to obtain one, and answer the most common questions we receive.
The Importance of Consent Orders Explained
A consent order is not optional — it is the essential step that makes your financial agreement legally binding and protects both parties from future claims. Here is why every divorcing couple needs one.
Makes your agreement legally binding
An informal financial agreement — even in writing — is not legally binding. Only a court-approved consent order has legal force and can be enforced if either party fails to comply.
Prevents future financial claims
Without a consent order, either party can make financial claims against the other indefinitely after divorce — including against future inheritances, business growth, pension increases and lottery wins.
Achieves a clean break
A consent order containing a clean break provision permanently severs all financial ties. This is the only way to achieve true financial finality on divorce.
Protects property transfers
If the family home is being transferred between spouses, a consent order is required to give the transfer legal effect and protect both parties' interests.
Covers pensions
Pension sharing orders can only be made as part of a court order. Without a consent order, pension claims remain open even after divorce.
Consent Orders: The UK Legal Framework
Consent orders are governed by a well-established legal framework in England and Wales. Understanding the legal basis helps you understand why the process works the way it does.
Matrimonial Causes Act 1973
The primary legislation governing financial orders on divorce in England and Wales. Sections 23–25 set out the court's powers to make financial orders and the factors it must consider.
Section 25 factors
The court must consider a range of factors when approving a consent order, including the financial needs of both parties, their income and earning capacity, the standard of living during the marriage, and the welfare of any children.
Form D81 (Statement of Information)
Both parties must complete a Form D81 setting out their current financial positions. The court uses this to assess whether the proposed consent order is fair to both parties.
Court approval requirement
A consent order only becomes legally binding once it has been approved and sealed by the court. A judge reviews the order and the Form D81 to ensure it is fair. The court can refuse to approve an order it considers unfair.
Pension sharing orders
Pension sharing orders are governed by the Welfare Reform and Pensions Act 1999. They can only be made as part of a court order and require notification to the pension provider.
How to Obtain a Consent Order in the UK
The process of obtaining a consent order is straightforward where both parties agree. Here is the step-by-step process.
Agree the financial settlement
Both parties agree on how assets, property, pensions and any maintenance will be dealt with. This may involve direct negotiation, solicitor-led discussions or mediation. We advise on what a fair settlement looks like in your circumstances.
Complete Form D81
Both parties complete a Statement of Information (Form D81) setting out their current financial positions — income, assets, liabilities and pensions. This is submitted to the court with the consent order.
Draft the consent order
Your solicitor drafts the consent order — a formal legal document setting out the agreed financial settlement. Both parties must sign the order. We ensure the drafting is precise and covers all financial claims.
Submit to the court
The consent order and Form D81 are submitted to the Family Court. The current court fee for a consent order is £53. The court does not require either party to attend — it is an administrative process.
Court approval
A judge reviews the consent order and Form D81. If satisfied it is fair, the judge seals the order. It then becomes legally binding. If the judge has concerns, they may request further information or a hearing.
Implementation
Once sealed, the parties implement the order — transferring property, making pension sharing applications, paying lump sums and so on. We assist with all aspects of implementation.
Court fee
£53
Fixed government fee
Solicitor fees
From £500
+ VAT
Typical timeline
4–8 weeks
From submission to approval
Your Family Law Specialist
Martin Dias
Family Law Executive
Martin brings almost 30 years of specialist family law experience to every case — divorce, separation, financial settlements and children matters. Clients value his straight-talking honesty, patience, and genuine emotional support throughout what is often a very difficult time.
Common Questions About Consent Orders in the UK
How much does a consent order cost?
How long does a consent order take?
Can I get a consent order without a solicitor?
What happens if my spouse refuses to sign the consent order?
Can a consent order be set aside?
Do I need a consent order if we have no assets?
What is the difference between a consent order and a separation agreement?
Related Guides
Clean Break Financial Orders
How a clean break order severs all financial ties permanently.
Spousal Maintenance Guide
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Maintenance Calculator
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Amicable Divorce Costs
Full cost breakdown for mutual agreement divorces.
Financial Settlements
How assets, pensions and property are divided on divorce.
Divorce Process
Step-by-step guide to the no-fault divorce process.
Funding Your Legal Fees
Own a property? You may not need savings to fund your case.
If you jointly own the matrimonial home, a Sears Tooth agreement allows us to secure our fees against your share of the property — meaning no upfront payment is required. Fees are deducted when the property is sold or transferred. This option is particularly suited to non-working spouses or those with limited income.
Explore all funding optionsWe do not accept legal aid cases. PDA Law is a private client practice. All family law matters are funded privately — through direct fees, payment plans, or a Sears Tooth agreement where applicable.
Client Testimonials
What Our Clients Say
“Martin and the team at PDA Law made an incredibly difficult time much more manageable. Their advice was always clear, compassionate, and practical. I felt fully supported throughout.”
Rebecca H.
Family law client, Chester
* Names changed to protect client confidentiality. Testimonials reflect genuine client experiences.
Get Advice on Consent Orders
Speak to Martin Dias — specialist family law solicitor with almost 30 years' experience.