⚠ An agreement without a consent order is not legally binding
A written agreement between you and your spouse, a solicitor's letter, or even a signed document setting out what you have agreed has no legal force in England and Wales without a court-sealed consent order. Courts have set aside property transfers and financial arrangements made outside a consent order. Do not skip this step.
What is a consent order?
A consent order is a court order made with the agreement of both parties that sets out the financial terms of your divorce settlement. Once a judge approves and seals it, it becomes legally binding and enforceable, the same as any other court order.
It is the mechanism by which an amicable financial agreement becomes permanent. Without it, you are legally still able to make financial claims against your former spouse, and they against you, even decades after your divorce is finalised.
What does a consent order cover?
| Asset or arrangement | How it appears in a consent order |
|---|---|
| Family home | Transfer to one party, sale with division of proceeds, or deferred sale (Mesher order) |
| Pensions | Pension sharing order (percentage transfer) or pension offsetting (one party keeps pension, other takes more of another asset) |
| Savings and investments | Lump sum payment to one party, or declaration of who keeps which account |
| Debts | Direction for one party to take responsibility for specified debts |
| Spousal maintenance | Regular payments from one party to the other, with term and amount specified |
| Clean break | Declaration that neither party can make further financial claims against the other |
How is a consent order different from a court order after contested proceedings?
A consent order is made by agreement, both parties consent to its terms and submit it jointly for court approval. A financial remedy order after contested proceedings is made by a judge following a hearing, regardless of whether either party agrees with the outcome.
Both are equally legally binding once made. The consent order route is significantly cheaper, faster, and less adversarial, but it is only available where both parties have reached agreement.
A consent order records the terms both parties have agreed and submits them to a judge for approval, making the agreement legally enforceable.
How do you get a consent order?
Reach a financial agreement
Both parties must agree on the terms before a consent order can be drafted. This can happen through direct negotiation, mediation, or solicitor-assisted negotiation. The agreement must cover all assets, debts, pensions, and any maintenance arrangements.
Have the consent order drafted
The consent order must be drafted in the correct legal form, courts regularly reject self-drafted orders that use incorrect wording or miss required provisions. It must be drafted by a solicitor or specialist drafting service. Both parties must also complete a D81 (Statement of Information), giving the court a financial summary so the judge can assess whether the agreement is broadly fair.
Both parties sign the draft order
Both parties sign the draft consent order. Neither party needs to instruct the same solicitor, one party's solicitor typically drafts it, the other party reviews and signs (ideally after taking independent legal advice, though this is not mandatory).
Submit to the court with Form D81 and the £60 fee
The signed draft order and D81 are filed at the court handling the divorce. The current court fee is £60. No hearing is required in most straightforward cases, a judge considers the papers and either seals the order or raises queries.
Judge approves and seals the order
A judge reviews the D81 and the draft order to check the agreement is not obviously unfair to either party. If satisfied, the judge seals the order, from this point it is legally binding and enforceable. Processing typically takes four to eight weeks from submission.
When can you apply for a consent order?
You can apply for a consent order at any point after the conditional order has been granted in the divorce proceedings. You cannot apply before the conditional order. In practice, most couples aim to have the consent order in place, or at least submitted, before applying for the final order.
What does the judge check?
The judge does not negotiate the terms or suggest alternatives, they review the D81 and the draft order to satisfy themselves that the agreement is not so unfair that it should not be approved. Courts take a broad view and will seal most agreements reached between consenting adults who are aware of each other's financial positions.
A judge may decline to seal an order that appears grossly unfair to one party, that contains provisions that are not legally permissible, or where the D81 does not provide sufficient financial information to assess the fairness of the agreement.
Working towards a consent order?
DivorceCompanion's amicable bundle guides you through the consent order process step by step, including D81 preparation and what to expect at each stage.
- ✓ Stage tracker: amicable route mapped clearly
- ✓ D81 guidance and document checklist
- ✓ Plain-English explanation of every step