Under English law, there is no single fixed date for valuing assets in divorce proceedings. The court has discretion to choose an appropriate date based on fairness and the circumstances...
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Whilst obtaining the Final Order on divorce brings about the end of a marriage, it doesn’t automatically end your financial ties to your ex-spouse.
That’s where a financial consent order comes in.
What is a consent order?
A consent order is a legal document approved by the Family Court that sets out how you and your ex-spouse will divide your money, property, pensions, and other assets after divorce.
It can include:
- How the family home and other property will be dealt with
- Division of savings, investments and pensions
- Ongoing payments such as spousal maintenance or child maintenance
- A “clean break” so neither of you can make future financial claims
Once approved by the court, it becomes legally binding and enforceable.
Why does it matter?
You might think you don’t need a consent order for your divorce if:
- You’ve already divided everything between you
- You don’t have many assets
- You’re on good terms with your ex
However, without a consent order, your financial claims against each other remain open indefinitely. This means your ex could, in the future, apply for a share of your income, property, pension or other assets, even years after the divorce is finalised.
There have been real-life cases where people were taken to court for a financial claim decades after they divorced.
What are the benefits of a consent order?
- Legal closure – it brings finality and certainty to your financial arrangements.
- Protection from future claims – once a clean break is ordered, neither party can make new claims against the other, except in limited circumstances.
- Enforceability – if one party doesn’t follow what was agreed, the other can enforce it through the court.
- Peace of mind – it avoids disputes or misunderstandings down the line.
What if we don’t have any assets to split?
Even if there’s “nothing to split” right now, it’s still wise to get a clean break consent order.
This simply records that neither of you can make a claim in the future.
It’s a simple step that can save a lot of stress and legal costs later on.
How do you apply for a consent order?
- Agree the financial settlement between you (either directly or through solicitors, via mediation, or court).
- Ask a solicitor to draft the consent order and a brief financial statement (called a Form D81).
- Apply to the Family Court for the order to be approved by a judge.
- Once approved, it becomes legally binding.
Note: You can only apply for a consent order after you have your conditional order (formerly decree nisi).
In summary
You don’t legally have to get a financial consent order when you divorce, but it is highly recommended as it is the only way to make your financial settlement legally binding and to protect yourself from future claims.
Need legal advice for a consent order?
If you’re unsure whether you need a financial consent order, it’s best to get specialist legal advice.
Our family law team in Bath, Bristol or Bradford on Avon can talk you through your options and prepare a consent order that gives you peace of mind.
Contact us at info@sharpfamilylaw.com
