Consent orders explained
Key facts
- A consent order is a court order that records a financial agreement, giving it the same force as an order made after a contested hearing.
- It is the standard way to make a financial agreement reached in mediation legally binding.
- The court fee to apply for a consent order is £62 as of 13 July 2026 (subject to approval).
- A D81 statement of information must be filed so the judge can check the agreement is fair.
- A clean break clause can end future financial claims between you, so neither can make a claim against the other later.
A consent order is one of the most useful documents in family law, and one of the least understood. In plain terms, it is a court order that both of you have agreed to. It records the financial arrangements you have settled, for example on divorce, and turns them into something a court will enforce. This guide explains what a consent order is, what it can contain, how much it costs and how you apply.
Most people reach a consent order after agreeing their finances in mediation. The agreement is written up in a memorandum of understanding, a solicitor drafts the order, and a judge approves it. This is general information, not legal advice. For the full route from agreement to court, see our guide on making a mediation agreement legally binding.
What is a consent order?
A consent order is a court order that sets out a financial agreement both of you consent to. Once a judge approves and seals it, it has the same force as an order the court would make after a fully contested hearing. That is what gives it its value: it is not just a promise between you, it is enforceable by the court.
Consent orders are most often used on divorce or dissolution of a civil partnership, to record how you will divide property, savings, pensions and income. They can also record maintenance arrangements. The key point is that the order reflects what you have agreed, rather than a decision imposed on you, which is why they follow so naturally from mediation.
Without a consent order, a financial agreement made around a divorce is not fully secure. Even after a divorce is finalised, financial claims can remain open unless they are formally dismissed by a court. A consent order is how those claims are settled and, where wanted, closed for good.
What can a consent order include?
A consent order can deal with the full range of financial issues that arise when a couple separates. The exact contents depend on what you have agreed, but the common elements are set out below.
| Element | What it does |
|---|---|
| Property | Transfers the family home to one person, orders a sale, or defers a sale to a later date |
| Lump sums | Records a payment from one person to the other, often to balance the split of assets |
| Pensions | Puts a pension sharing order or offsetting arrangement into effect |
| Maintenance | Sets out any spousal maintenance, including how much and for how long |
| Undertakings | Records promises to the court, such as to pay a debt or keep up a life insurance policy |
| Clean break | Ends future financial claims between you, so neither can make a claim against the other later |
Some terms sit in the order as undertakings, which are formal promises to the court rather than orders it has imposed. They are still taken seriously, and breaking one can be dealt with by the court. The financial detail behind the order usually comes straight from your mediation. Our page on financial mediation explains how couples work through property, pensions and income in the sessions that lead up to a consent order.
What is a clean break order?
A clean break order is a consent order that ends all future financial claims between you. Once it is in place, neither of you can come back years later to ask for a share of the other’s income, savings, pension or inheritance. For many separating couples, that certainty is the whole point of getting an order.
A clean break is only possible where it is appropriate, for example where both of you can support yourselves. Where one person needs ongoing maintenance, the order might provide for that first and set out when a clean break will follow. The court has a duty to consider whether a clean break is suitable in every financial case.
Why the order matters even if you agree
Some couples wonder why they need a court order at all when they already agree. The reason is finality. Without a sealed order, financial claims can stay open even after divorce. A consent order, and especially a clean break, closes them so you can both move on with certainty.
How much does a consent order cost?
The court fee to apply for a financial consent order is £62. That is the fee paid to the court when you send in the order for approval. From 13 July 2026 it is due to rise to £62, subject to approval, as part of the wider inflation uplift to court fees. If a solicitor drafts the order for you, there will be a separate charge for their work, and many offer this as a fixed fee. It is worth asking for a clear quote before you start.
If paying the fee would cause hardship, you may be able to get help through the Help With Fees scheme using form EX160. Our guide to family court fees sets out the current fees and how the fee reductions work.
What is the D81 and why is it needed?
When you apply for a financial consent order, you also file a D81 statement of information. This is a short form that summarises both of your financial positions, such as income, property, savings and pensions, and your future needs. It gives the judge the information they need to check the agreement is broadly fair before approving it.
The D81 is not there to catch you out. It simply lets the judge do their job, which is to make sure the order is within the range of what is reasonable rather than to second-guess a sensible agreement. Filling it in accurately is important, because the judge relies on it. Our guide to financial disclosure explains what information you will need to hand.
How do you apply for a consent order?
The process follows a few clear steps, and for most couples it does not involve a court hearing at all.
| Step | What happens |
|---|---|
| Agree the terms | Usually reached in mediation and written into a memorandum of understanding |
| Draft the order | A solicitor turns the agreement into a consent order in the court’s format |
| Complete Form A and the D81 | Form A is the notice of intention to proceed, and the D81 sets out your finances |
| Apply to court | The order, Form A, D81 and £62 fee are submitted, generally online |
| Judge reviews | A judge checks the papers and, if satisfied, seals the order |
Because a judge normally reviews the application on the papers, you rarely need to attend. Once the order is sealed, it is binding. If you are weighing this route against others, our overview of how a mediation agreement is made binding puts it in context.
How a consent order fits your divorce timeline
A financial consent order runs alongside the divorce, not instead of it. The court cannot seal the order until the conditional order of divorce, previously known as decree nisi, has been pronounced. The financial order then takes effect on the final order, previously decree absolute. You can prepare and lodge the papers earlier, so everything is ready to be sealed at the right moment.
There is one trap worth knowing about. If you remarry before you have applied for a financial order, you can lose the right to make a claim, which is why it is usually wise to deal with the finances before you move on. Sorting the money and the divorce together avoids leaving claims hanging.
A financial consent order is made under the Matrimonial Causes Act 1973. Section 33A allows the court to make an order in the agreed terms of the parties on the basis of the information they provide, which is the statement supplied on the D81. The court also has a duty under section 25A to consider whether a clean break is appropriate. The Family Procedure Rules govern how the application is made, and Form A is the notice used to start it.
What a judge checks before sealing it
Approval is not a rubber stamp. A judge looks at the papers to be satisfied the agreement is broadly fair, applying the same factors a court uses in any financial case. In practice, they are checking:
- That both of you have given honest disclosure, so the figures in the D81 are reliable
- That each person’s needs are met, in particular housing and income
- That any children are provided for first
- Whether a clean break is appropriate, or whether maintenance should continue for a time
- That the split of what you built up together is even, or explained where it is not
- That both of you understood the order and entered it freely
If something looks unusual, the judge may ask a short question before sealing. A clear D81 that explains the reasoning behind the split usually heads those questions off.
Why a consent order might be rejected or queried
Most agreed orders are approved without difficulty, but a judge can send one back. The common reasons are practical rather than dramatic:
- The D81 is incomplete or the figures do not match the order
- One person appears to receive far less than expected, with no explanation
- The order uses wording the court cannot give effect to, such as an unclear pension clause
- A claim has been left open that the parties meant to dismiss
- The application is lodged before the conditional order of divorce has been made
If that happens, it is usually resolved by amending the wording, adding detail or providing a short explanation. It rarely means starting again, which is one reason careful drafting and an accurate D81 are worth the effort.
What if payments under the order stop?
A sealed consent order is enforceable, so if the other person does not do what the order says, you can ask the court to enforce it. For a lump sum or maintenance that is not paid, the court can use a range of methods, including an attachment of earnings order that deducts money from wages, a charging order against property, or a third party debt order that freezes money in a bank account. For persistent non-payment of maintenance a judgment summons is also possible.
Our guide on what happens if an agreement breaks down explains enforcement in more detail, and often the first step is to return to mediation to sort out why payments have stopped before going down the enforcement route.
Do you need a consent order after divorce?
Finalising a divorce and sorting out your finances are two separate things, and this catches many people out. Ending the marriage does not end the financial ties between you. Even after a final divorce order, your former spouse could in principle make a financial claim against you years later, unless those claims have been dealt with by the court. A consent order is how you close that door.
This is why many people are advised to sort out a consent order at the same time as the divorce, rather than leaving the finances open. It is particularly important where one of you expects to build up assets, receive an inheritance or start a business in the years ahead. A clean break in the order stops the past following you into the future.
You do not have to be wealthy for this to matter. Even a modest agreement is worth recording in an order, because the certainty it gives, and the fact that it cannot easily be reopened, is valuable to both of you. If you reached your agreement in mediation, the extra step of formalising it is usually straightforward.
After agreeing their finances in mediation, Nadia and Ben wanted certainty that neither could make a claim on the other in future. Their mediator had already prepared a memorandum of understanding. A solicitor drafted a consent order that transferred the house to Nadia, gave Ben a lump sum, and included a clean break. They completed Form A and the D81 together and submitted everything with the £62 fee. A judge approved it a few weeks later. With the sealed order in hand, both of them felt able to move on, knowing the financial side was closed for good.
Frequently asked questions
What is a consent order?
A consent order is a court order that records a financial agreement you both consent to. Once a judge seals it, it has the same force as an order made after a contested hearing, so it is legally binding and enforceable.
How much does a consent order cost?
The court fee is £62 as of 13 July 2026. If a solicitor drafts the order, they will charge separately for their work, often as a fixed fee. Help With Fees may reduce or remove the court fee if paying it would cause hardship.
Do I need a consent order if we already agree?
If you want your financial agreement to be secure, yes. Without a sealed order, financial claims can stay open even after divorce. A consent order, and especially a clean break, closes them so neither of you can make a claim later.
What is a D81?
The D81 is a statement of information filed with a consent order application. It summarises both of your financial positions so the judge can check the agreement is broadly fair before approving it.
Do we have to go to court for a consent order?
Usually not. A judge normally reviews the application on the papers. You only attend a hearing if the judge has questions, which is uncommon for an agreed order.
Can a consent order be changed later?
Some parts, such as ongoing maintenance, can be varied in limited circumstances. Capital orders and a clean break are usually final. If your situation changes significantly, take legal advice on whether a variation is possible.
How long does it take to get a consent order approved?
Once the papers are filed, most orders are sealed within a few weeks, though it depends on the court and on the divorce reaching the conditional order stage. There is no hearing in most cases.
What is Form A?
Form A is the notice of intention to proceed with an application for a financial order. It is filed with the draft consent order and the D81 to start the application at court.
Sources
- GOV.UK, Money and property when you divorce or separate: apply for a consent order, gov.uk. Accessed 9 July 2026.
- Matrimonial Causes Act 1973, section 33A, legislation.gov.uk. Accessed 9 July 2026.
- Matrimonial Causes Act 1973, section 25A (clean break), legislation.gov.uk. Accessed 9 July 2026.
- GOV.UK, Family court fees (EX50), gov.uk. Accessed 9 July 2026.