What Is a Consent Order and Why Do I Need One After Divorce?

Posted 16 Jan, 2026

Key Takeaways

• A consent order makes your financial agreement legally binding — without one, your ex can make claims against you years later
• The court fee is £60 to have a consent order sealed
• You can apply once conditional order is granted — the consent order takes effect when your final order is made
• Even couples with few assets need one — a clean break dismisses all future claims

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What is a consent order?

A consent order is a legal document that records the financial agreement you and your spouse have reached during divorce. Once approved by the court, it becomes legally binding and enforceable. Neither party can go back on the terms or make future financial claims against the other.

A consent order typically covers:

• Property — who keeps the family home, or how proceeds are divided if sold
• Savings and investments — division of bank accounts, ISAs, and other assets
• Pensions — pension sharing orders or offsetting arrangements
• Debts — who is responsible for mortgages, loans, and credit cards
• Maintenance — spousal maintenance payments and for how long

Why do I need a consent order?

A divorce only ends your marriage — it does not end your financial ties to your ex-spouse.

Many people assume that reaching an informal agreement is enough. It is not. Without a consent order, your ex-spouse can return to court and make financial claims against you at any point in the future, unless they remarry.

This includes claims against:

• Property you buy after the divorce
• Inheritance you receive
• Business success or career progression
• Pension growth
• Lottery winnings

The case of Wyatt v Vince [2015] demonstrates this risk. Kathleen Wyatt successfully brought a financial claim against her ex-husband Dale Vince more than 20 years after their divorce, when his green energy company had become worth over £100 million. They had divorced when both were living in a caravan with almost no assets.

When can I apply for a consent order?

You can apply for a consent order once the court has granted your conditional order (previously called decree nisi). This happens at least 20 weeks after your divorce application is submitted.

The consent order is then prepared and submitted to the court for approval. A judge reviews it to check the terms are fair to both parties. There is usually no court hearing required.

The consent order only becomes legally binding once:

1. The court has sealed (approved) the order, AND
2. Your final order (previously decree absolute) has been granted

Many couples prepare the consent order during the conditional order stage so that everything is finalised together. This is the recommended approach because:

• It ensures your financial settlement is protected before the divorce is complete
• Pension sharing orders cannot take effect until the final order is made
• It avoids the risk of one party delaying or changing their mind

What does a consent order cost?

The court fee for a consent order is £60. This is paid when you submit the application to the court.

If you instruct a solicitor to draft the consent order, you will also pay professional fees. At Endeavour Law, we include consent order drafting as part of our divorce service.

The £60 court fee is a small price compared to the cost of defending a financial claim years later, which could run into tens of thousands of pounds.

What if we have no assets to divide?

You still need a consent order.

Even if you have very few assets, the important part of a consent order is the clean break clause. This formally dismisses all future financial claims between you and your ex-spouse.

Without a clean break, you remain financially connected indefinitely. If either of you later comes into money through inheritance, career success, or other means, the other could potentially make a claim.

What if we cannot agree on finances?

If you and your spouse cannot reach agreement, you will need to apply for a financial remedy order instead. This involves formal court proceedings where a judge decides how your assets should be divided.

Financial remedy proceedings are significantly more expensive and time-consuming than agreeing terms and obtaining a consent order. The court fee to start financial remedy proceedings is £313.

Mediation is often a helpful step before resorting to court. A trained mediator can help you and your spouse negotiate an agreement that works for both of you.

Can I get a consent order after my divorce is finalised?

Yes. You can apply for a consent order at any time after your divorce, provided neither of you has remarried.

However, it is strongly advisable to obtain a consent order before or alongside your divorce, rather than leaving it until later. The longer you wait, the more your financial circumstances may change, making it harder to agree terms.

How Endeavour Law can help

At Endeavour Law, we prepare consent orders as part of our divorce service. We ensure your agreement is properly drafted, protects your interests, and stands up to court scrutiny.

If you have already divorced without a financial order, it is not too late. Contact us to discuss your options before an unexpected claim catches you off guard.