Consent Order in Divorce: Everything You Need To Know
When it comes to divorce, most people assume that once the decree absolute is granted, that’s it - clean break, case closed, move on. But that assumption can be a costly one. Because unless you’ve formalised your financial arrangements through a legally binding consent order, your ex-spouse may still have the right to make financial claims against you years or even decades later.
This is one of the most overlooked aspects of divorce in the UK, despite the fact that it can have lifelong consequences. Whether you’re dealing with property, pensions, lump sum payments, or ongoing maintenance, it’s the consent order that turns informal agreements into enforceable legal reality.
So what exactly is a consent order? When is it needed? And how often does a judge reject one? We break it all down here.
What is a Consent Order?
A consent order is a legal document that finalises your financial arrangements after a divorce. Once it’s approved by a judge, it becomes legally binding - meaning either party can be taken to court for not adhering to its terms. Think of it as a financial full stop: it confirms what has been agreed and prevents future claims from being made (which, yes, is a real risk even years after the divorce is finalised).
There are two main types to be aware of: a general consent order, and a financial consent order. These are often used interchangeably, but technically, the latter is more specific - used solely for financial settlements. If you're wondering about the difference between consent and financial order, it’s worth clearing up early on to avoid confusion or delays later down the line.
How Do Consent Orders Work?
Once both parties have agreed on how assets will be divided - whether that involves the family home, pensions, spousal maintenance, or savings - this agreement can be written up and submitted to the court. It’s crucial to note: you don’t need to have argued in front of a judge to get a consent order; in fact, most are made by mutual agreement without ever stepping foot inside a courtroom.
But - and it’s a big but - the court won’t rubber-stamp just anything. Judges will review the proposed consent order to make sure it’s fair and legally sound. They’re not there to renegotiate, but they will raise red flags if something seems off (for example, if one party is clearly disadvantaged or there’s no reasonable provision for children). That leads us to one of the more common questions:
How Often Does a Judge Reject a Consent Order in the UK?
Family law solicitors report a noticeable proportion of orders being sent back or delayed due to avoidable issues: missing information, vague language, unbalanced settlements, or, occasionally, a lack of legal advice for one party. Judges are particularly cautious if the consent order appears to unfairly benefit one side - even if both parties say they’re happy with the arrangement.
We’ve seen cases where something as simple as a miscalculated pension value or an absent clean break clause leads to rejection or requests for clarification. This is why seeking professional help with separation matters from a specialist divorce lawyer can save considerable time, stress, and back-and-forth with the court.
What Does a Consent Order Cover?
A typical financial consent order can cover:
- Division of property (including who keeps or sells the family home)
- Division of savings, pensions, or investments
- Child and spousal maintenance (though child arrangements themselves are dealt with separately)
- Debt responsibilities
- Clean break clauses (important if you want no future financial ties)
It doesn’t cover everything - for example, as mentioned, child custody and access are usually handled separately through child arrangements orders. But in terms of finances, the consent order is the foundation upon which post-divorce security is built.
Do You Always Need a Consent Order?
Legally, no. Practically, yes - almost always.
If you and your ex-spouse have agreed on how to split everything, that’s a good start - but without a consent order, your financial agreement isn't legally enforceable. That opens the door for future claims - sometimes decades later.
We’ve seen situations (in the wider legal field, of course; never personal stories) where someone has received an unexpected claim for assets long after the divorce was finalised, simply because no consent order was in place. If your financial circumstances change dramatically in the future - say, you receive an inheritance or build a successful business - you could still be financially vulnerable without one.
Can You Get a Consent Order Without Going to Court?
Yes - this is one of the biggest misconceptions. You don’t need a hearing to get a consent order. In fact, many people agree everything through mediation or solicitor-led negotiation, and then submit the order to the court by post or online. The judge reviews it on paper - and assuming everything is in order, will approve it without the need for either party to appear.
That said, you’ll still need a solicitor to draft it properly. A DIY approach (even when the divorce itself is amicable) can backfire if the language isn’t watertight or if crucial details are omitted.
Final Thoughts
A consent order in divorce isn't just paperwork - it’s legal protection. It provides clarity, closure, and finality. While it’s possible to go through a divorce without one, doing so leaves the door open for future conflict, financial disputes, and uncertainty. We think most people - especially those with property or children - deserve better than that.
If you’re unsure whether you need a consent order, or how to structure it, we always recommend speaking to someone with expertise in this specific area of law. Our team at Skylark Hill offers professional help with all different types of separation matters, ensuring your settlement is legally binding, properly drafted, and most importantly, designed to protect your future.
