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If you reach a financial agreement without solicitors, it is not legally binding unless it is approved by the court.
This means that even if you both agree to the terms and follow them, either person could later make a claim unless the agreement is turned into a formal court order.
Many separating couples do prefer to reach a financial agreement between themselves, whether around the kitchen table, through mediation, or with help from friends and family. It’s entirely possible to agree on how assets, property and finances should be divided without using solicitors at the early stage.
However, there is one essential point to understand:
An informal financial agreement has no long-term legal protection unless the court approves it.
Even if the agreement feels fair, balanced, and genuinely works for both of you, it will not prevent future claims unless it is converted into a legally binding court order (often called a consent order).
1. Either party can change their mind
Until a financial settlement is turned into a court order, either of you can change your mind, even months or years later. This could include new claims for:
- A larger share of the family home
- A share of investments or savings
- Pension claims
- Maintenance
The court retains the power to make financial orders at any time following a divorce, unless those claims have been formally dismissed.
2. Informal agreements do not protect your assets
An informal agreement, however sensible, does not stop future claims.
If one of you later decides to pursue a formal financial settlement, the court will look at the entire situation afresh. What you agreed privately will not necessarily be upheld unless it has been approved by a judge.
3. Important financial matters may be overlooked
Financial settlements often involve more than couples realise. A full and final agreement should address:
- The family home
- Savings and investments
- Debts and liabilities
- Pensions (frequently the largest asset)
- Child and/or spousal maintenance
- Future claims (these must be dismissed correctly)
It’s very common for separating couples to overlook pensions or fail to formally prevent future claims, which can cause difficulties later.
4. Can you submit a Consent Order yourselves?
Technically, yes, couples can complete and submit a Consent Order to the court without a solicitor. The court provides forms and guidance for this.
However, there are risks:
- Mistakes in drafting: Incorrect wording may leave the order unenforceable or allow future claims.
- Incomplete coverage: Some assets, such as pensions, may not be dealt with properly.
- Future disputes: Without professional advice, you may inadvertently agree to terms that benefit one party less than intended.
- Court rejection: The court may refuse to approve an order if it is unclear, unfair, or incomplete.
Even small errors can result in delays, additional costs, or unintended financial consequences.
5. Using a solicitor ensures your agreement is secure
A solicitor’s role in converting your agreement into a Consent Order is usually collaborative and cost-effective. They can:
- Draft the order correctly
- Check nothing important has been missed
- Ensure the agreement is legally enforceable
- Protect both parties from future claims
In short, a solicitor helps make your agreement watertight, not undermine it.
Speak to our Divorce Solicitors in Bath, Bristol or Bradford-on-Avon today
Reaching a financial agreement without solicitors can be a constructive first step, but it will not be legally binding unless it is converted into a Consent Order and approved by the court. Getting this stage wrong can leave you exposed to future claims, disputes, or costly mistakes.
Our experienced divorce solicitors can ensure your agreement is properly drafted, comprehensive, and legally secure, giving you long-term certainty and peace of mind. Please contact us by phone on 01225 448 955, or via email at info@sharpfamilylaw.com, if you would like advice on turning your agreement into a legally binding Consent Order.
