The introduction of online divorce services has made it easier than ever for couples to manage the legal process of ending their marriage without professional assistance. While many successfully obtain a Final Order and bring their marriage to a legal end, far fewer realise that divorce alone does not sever the financial ties between former spouses.
As a result, many couples complete the divorce process believing everything has been resolved, only to discover that financial claims can remain open for years if they have not obtained a court-approved financial order. Whether you have reached an agreement together, handled the divorce yourself, or simply want certainty about the future, formalising any financial settlement is a crucial step.
A Consent Order, sometimes referred to as a financial order and often incorporating a Clean Break Order, is one of the most important documents available following divorce or the dissolution of a civil partnership. It transforms an agreed financial settlement into a legally binding Court Order, providing clarity, certainty and protection for both parties. Without one, the financial relationship between former spouses can continue long after the marriage itself has ended.
Many people are surprised to learn that a Final Order ends the marriage, but not necessarily the right for either party to bring future financial claims. Understanding the role of a Consent Order is therefore essential for anyone seeking a genuine financial conclusion to their relationship and the confidence to move forward with peace of mind.
What Is a Consent Order?
A consent order is a legal document that records the financial agreement you and your former partner have reached. It is approved by a judge and becomes legally binding once sealed by the court. Once approved it severs all future financial ties between the parties.
A consent order can set out:
- How property will be divided
- What happens to savings and investments
- How pensions will be shared
- Whether maintenance will be paid
- How debts will be dealt with
- Whether there will be a clean break
- Any undertakings by the parties
It formalises what you have agreed and protects both of you from future disputes.
Who Should Consider a Consent Order?
A consent order is relevant to almost everyone who is divorcing, regardless of the size of their assets. It is particularly important for:
- Couples who have reached a financial agreement and want certainty
- Couples who want a clean break so that no future claims can be made
- Couples with property, pensions or savings
- Couples with children who want clarity around financial responsibilities
- Couples who have informal agreements and want to avoid misunderstandings
- Anyone who wants to protect future assets such as inheritances or business interests
Even if you have very few assets, a consent order can still be essential because it closes the door to future financial claims.
What Happens If You Do Not Have a Consent Order?
Many people believe that once the divorce is final, everything is settled. Unfortunately, this is not the case. Without a consent order, financial claims remain open indefinitely.
Here are the key risks:
1. Your former partner can make a claim years later
There is no automatic cut off point. Even if you have been divorced for a long time, your former partner can still apply to the court for a share of your assets unless a consent order is in place.
2. Your future assets are not protected
If you receive an inheritance, build a business, buy a home after the divorce, or even win the lottery, these assets could be vulnerable to a claim.
3. Informal agreements are not enforceable
A verbal agreement or a written agreement between yourselves has no legal force. If one person changes their mind, the agreement will not be upheld.
4. You may face costly court proceedings
Without a consent order, disagreements about money can escalate. Court proceedings can be expensive, stressful and time consuming.
5. You may remain financially tied to your former partner
This can affect your ability to move on, plan for the future or apply for a mortgage.
A consent order removes these risks by providing certainty and legal protection.
When Is a Consent Order Used?
A consent order is used when:
- You have reached a financial agreement
- You want to make the agreement legally binding
- You want to prevent future claims
- You want clarity about property, pensions, savings or maintenance
- You want a clean break
It can be submitted at any time after the conditional order stage of the divorce process.
Why You Should Have One
1. It makes your agreement legally binding
A consent order gives your agreement legal force. It cannot be changed unless both parties agree or the court allows it.
2. It protects you from future claims
A clean break clause brings financial ties to an end. This is essential for long term security.
3. It provides clarity and certainty
You both know exactly what has been agreed and what your responsibilities are.
4. It reduces conflict
A clear, written agreement prevents misunderstandings and avoids future disputes.
5. It supports a smoother, more respectful separation
It allows both people to move forward with confidence and stability.
How Do I Obtain a Consent Order?
Even if you have managed your divorce yourself and have not used a solicitor up to this point, you can still instruct a family law solicitor to prepare and submit a Consent Order on your behalf. Once you and your former partner have reached an agreement regarding your finances, the terms are drafted into a formal Consent Order and submitted to the Court, together with a summary of your financial circumstances. A judge will review the paperwork to ensure the agreement is fair and reasonable before approving it.
In most cases, neither party needs to attend Court. Obtaining a Consent Order is often a straightforward process, but it provides invaluable protection by ensuring that your agreement is legally binding and that future financial claims can be properly addressed, giving both parties the certainty and closure they need to move forward.
And Finally…
A consent order is not just a formality. It is the document that protects your financial future. Divorce ends the marriage, but only a consent order ends the financial relationship. It provides clarity, fairness and certainty at a time when emotions can be high and the future may feel uncertain. For most people, it is one of the most important steps they can take during the divorce process. For any advice or support, please don’t hesitate to contact our Family Law team.
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