Financial Consent Orders: Why You Should Never Skip This Step

Financial Consent Orders: Why You Should Never Skip This Step

Many separating couples believe that once the Final Order of divorce is granted, everything is settled. This is one of the most common – and costly – misunderstandings. Without a Financial Consent Order, financial claims against each other remain open, even many years after the divorce.

As family law specialists, we regularly advise clients on how to protect their financial position. If you want certainty, closure and long-term protection, a Consent Order is essential.

What Is a Financial Consent Order?

A Financial Consent Order is a legally binding document that confirms how finances will be divided following a divorce or dissolution. Once approved by a Judge, it brings legal finality to all financial matters between you and your former spouse.

Put simply, it prevents either person from making a future claim against the other’s income, property, pension or assets.

Why You Should Not Skip It

Without a Consent Order, financial claims remain open indefinitely. This means your ex could, in the future, seek:

• A share of your property – even one you bought after the divorce
• A portion of your savings, investments or pension
• A claim against a business, inheritance or other assets you later acquire

There have been real cases where individuals were ordered to pay their former spouse years or even decades after the divorce because no Consent Order was in place.

A properly drafted Consent Order now is a small investment that can save thousands, protect your assets and prevent future disputes.

What Does a Consent Order Cover?

A Consent Order can deal with all financial aspects of your separation, including:

• The family home and any property interests
• Savings, investments, pensions and shares
• How liabilities and debts will be handled
• Child and/or spousal maintenance
• A “clean break” clause to prevent future claims

For many, the clean break clause is the most valuable element, providing complete financial closure and peace of mind.

Do You Need to Go to Court?

No. Most Consent Orders are handled on paper without either person attending court. Once both parties agree:

• A solicitor drafts the Consent Order
• Both parties sign it
• It is submitted to the court for a Judge to approve

If it is fair and correctly drafted, approval is usually straightforward.

Can You Do a Consent Order Without a Solicitor?

Technically, yes — however, it is strongly advised against. A Judge will only approve the order if it is fair, clear and legally sound.

DIY agreements are often rejected or provide incomplete protection, particularly where pensions, property, maintenance or a clean break are involved.

To ensure it is watertight, enforceable and tailored to your circumstances, it is best to have a solicitor prepare the document.

When Should You Get a Consent Order?

The ideal time is during the divorce process, after the Conditional Order and before the Final Order.

However, if you are already divorced and never finalised your finances, it is not too late. A Consent Order can still be obtained later, provided both parties agree.

What If You Cannot Reach an Agreement?

If an agreement cannot be reached, mediation or solicitor-led negotiation may help. If matters remain unresolved, either person can apply for a Financial Order and a Judge will decide the outcome.

Court proceedings take longer and cost more, so early agreement is always preferable where possible.

Why a Consent Order Matters

A Consent Order provides:

• Binding legal protection against future claims
• Clarity and certainty for both parties
• A fair and structured financial settlement
• Opportunity for a clean break and a fresh start

Key Points to Remember

• A Final Order of divorce does not end financial claims
• Only a Financial Consent Order makes your settlement legally binding
• Without one, future claims remain open – even years later
• A Consent Order offers financial security, certainty and long-term peace of mind

Contact Prime Legal Solicitors

Protect your future with a professionally drafted Financial Consent Order. We provide clear guidance, expert advice and fixed-fee options.

Call 0330 341 4757 or use our online enquiry form to book an Initial Consultation.