What Is a Consent Order and Why You Need One in Divorce

If you and your ex have agreed on how to divide your money, property, and pensions, you might think the hard part is over. But without a consent order approved by the court, your agreement is not worth the paper it is written on. This guide explains what a consent order is, why you need one, and exactly how to get one.

What is a consent order?

A consent order is a legal document that records your financial agreement and is approved by a judge. Once approved (or "sealed" in legal language), it becomes a court order — legally binding on both of you.

It typically covers:

• Property — Who keeps the family home, whether it is sold, how the proceeds are split
• Lump sum payments — One-off cash payments from one person to the other
• Pensions — Pension sharing orders or pension attachment orders
• Maintenance — Ongoing spousal maintenance (if any), including how much and for how long
• Clean break — A clause that says neither party can make any further financial claims against the other in the future

The key word is "consent" — both of you must agree to the terms. If you cannot agree, you need to go through the contested financial remedy process instead.

Why it matters

This is the part most people get wrong. Here is why a consent order is essential:

A handshake deal is not enforceable. If your ex agrees to give you half the house proceeds and then changes their mind, you have no legal comeback without a court order.

Financial claims stay open forever. Without a consent order containing a clean break clause, your ex can come back and make a financial claim against you at any point in the future — even decades after the divorce.

It protects both of you. The consent order is not just for the person receiving assets. It protects the person transferring assets too, by confirming that the other side cannot come back for more.

Lenders and pension providers need it. If you need to transfer a property, change a mortgage, or implement a pension sharing order, the institutions involved will require a sealed court order.

What happens

Here is the process from agreement to sealed order.

Step 1 — Reach agreement

You and your ex agree on the financial split. This might happen through direct negotiation, mediation, solicitor correspondence, or collaborative law. However you get there, you both need to be clear on the terms.

Step 2 — Draft the consent order

The agreement must be written up in a specific legal format. A consent order has a standard structure:

• Recitals — Background facts (who the parties are, when you married, etc.)
• Operative provisions — The actual terms: who gets what, when transfers happen, pension sharing percentages
• Clean break clause — If included, this dismisses all future claims
• Liberty to apply — A standard clause allowing either party to come back to court if there are problems implementing the order (not to change the terms, just to sort out practical issues)

Step 3 — Complete Form D81

Form D81 is a statement of information that accompanies the consent order. It gives the judge a snapshot of both parties' finances so they can check the agreement is fair. Both of you fill in your sections — or you can complete a joint version.

It covers: income, assets, debts, pensions, housing needs, and details of any children. It is much shorter than Form E.

Step 4 — Both parties sign

Both you and your ex must sign the consent order and Form D81. If either party is represented by a solicitor, the solicitor signs on their behalf.

Step 5 — Submit to the court

Send the signed consent order, Form D81, and the court fee (currently 53 pounds) to the court. You can submit to any family court that is handling divorce work — it does not have to be local.

Step 6 — Judge reviews on paper

A judge reads the consent order and Form D81 in private (no hearing). They check:

• Is the agreement fair to both parties?
• Are the children's needs properly considered?
• Does the order make practical sense (for example, can the person keeping the house actually afford the mortgage)?

Step 7 — Approval, queries, or refusal

• Approved — The order is sealed and sent to both parties. It is now legally binding.
• Queries — The judge may write to one or both parties asking for clarification or more information. You respond, and the judge reconsiders.
• Refused — Rare, but possible if the judge thinks the agreement is clearly unfair. You can revise and resubmit, or request a short hearing.

What you need to do

1. Agree the terms clearly with your ex. Write them down, even informally, before getting the legal document drafted.
2. Get the consent order drafted. Options:
   • Use ClearSplit's consent order tool
   • Use a solicitor for a fixed fee
   • Use an online drafting service
   • Draft it yourself using the court template (risky if you are not familiar with the format)
3. Complete Form D81. Download it from GOV.UK.
4. Both sign the documents.
5. Pay the court fee (53 pounds, or apply for fee remission).
6. Submit everything to the court and wait for the judge's decision.
7. Implement the order once it is sealed — transfer property, arrange pension sharing, make payments.

What could go wrong

• Not getting a consent order at all. The number one mistake. People agree informally and assume it is done. It is not.
• Drafting it badly. If the wording is unclear or does not follow the right format, the court will send it back. Use a proper template or get professional help with drafting.
• Forgetting the clean break clause. If you want to prevent future claims, the order must explicitly dismiss all claims. Do not assume this happens automatically.
• Not including pension sharing. If pensions are part of the deal, the order must include a pension sharing annex. This is a separate technical document — get it right.
• Submitting before the divorce is finalised. A consent order dealing with finances can be submitted at any point after the divorce application is issued, but it cannot take effect until the conditional order (formerly decree nisi) has been granted. You can submit early — the court will hold it.
• Delaying after agreement. If months pass between agreeing and submitting, circumstances can change and one party might withdraw consent.

Where to get help

• Citizens Advice — Guidance on consent orders: citizensadvice.org.uk
• Advicenow — Practical guide on DIY consent orders: advicenow.org.uk
• Family Mediation Council — Mediators can help you reach agreement: familymediationcouncil.org.uk
• Resolution — Find a specialist family solicitor: resolution.org.uk
• GOV.UK fee remission — Help with the court fee: gov.uk/get-help-with-court-fees

Official sources

• Apply for a financial order by consent (GOV.UK)
• Form D81 — Statement of information for a consent order
• Matrimonial Causes Act 1973 — Section 33A
• Family Procedure Rules 2010 — Part 9
• Practice Direction 9A — Consent orders

This guide is legal information, not legal advice. If your finances are complicated or you are unsure whether the proposed agreement is fair, consider getting independent legal advice before signing.