Consent Order vs Financial Order: What's the Difference? (2026 Guide)

If you're going through a divorce, you've probably come across the terms "consent order" and "financial order" — and wondered whether they mean the same thing, which one you need, and why one costs ten times more than the other.

The short answer: they're closely related but fundamentally different in one critical way. A consent order records what you've agreed. A contested financial order records what a judge decided for you because you couldn't agree. That single distinction changes the cost, the timeline, the stress, and the outcome in ways that most people only discover when it's too late to choose the cheaper option.

This guide explains both types, when each one applies, and why getting the right one matters more than most people realise.

What Is a Financial Order?

A financial order is any court order that deals with the financial aspects of a divorce or dissolution of a civil partnership in England and Wales. The court's power to make financial orders comes from Sections 23 and 24 of the Matrimonial Causes Act 1973.

Financial orders can include:

• Periodical payments orders (spousal maintenance)
• Lump sum orders
• Property adjustment orders (transfer, settlement, or sale of property)
• Pension sharing orders
• Pension attachment orders
• Clean break provisions (dismissing all future claims)

"Financial order" is the umbrella term. A consent order is one type of financial order — the type made when both parties agree. A contested financial remedy order is the type made when they don't.

Consent Order vs Contested Financial Remedy Order: The Key Differences

Here's how the two compare across every factor that matters:

	Consent Order	Contested Financial Remedy Order
How it works	Both parties agree the terms. The order is drafted, signed by both, and submitted to the court for approval.	One party applies to the court (Form A). The case goes through up to three hearings where a judge decides the outcome.
Court fee	£62	£321 (Form A application fee)
Legal fees	£199–£599 (online service) or £1,000–£3,500 (solicitor)	£5,000–£30,000+ per person. Complex cases can exceed £50,000–£100,000.
Total typical cost	£261–£661 (online) or £1,062–£3,562 (solicitor)	£5,321–£30,000+ per person
Timeline	8–12 weeks from submission	12–18 months typical. Complex cases can take 2+ years.
Court hearings	None — judge reviews on paper	Up to 3: First Directions Appointment (FDA), Financial Dispute Resolution (FDR), and Final Hearing
Who decides?	You and your ex. The judge checks for fairness.	The judge decides. You may not get the outcome you wanted.
Forms required	Draft Consent Order + Form D81 + Form A (no separate fee — included in the £62 application)	Form A + Form E (full financial disclosure — 30+ pages each) + potentially Form H (costs estimate)
Financial disclosure	Form D81 (summary disclosure)	Form E (comprehensive disclosure — every bank statement, payslip, property valuation, pension, business interest)
Outcome control	High — you choose the terms	Low — the judge applies Section 25 criteria and may order something neither party wanted

The message is clear: if you can reach agreement, a consent order is faster, cheaper, less stressful, and gives you more control over the outcome. A contested financial remedy order is the backstop when agreement isn't possible — necessary, but expensive.

What About a Financial Agreement? Is That the Same Thing?

No — and this is where many couples come unstuck.

A financial agreement (also called a separation agreement or financial settlement) is a private agreement between you and your ex-spouse. It can be written down, signed by both parties, and even witnessed by solicitors. But it is not a court order.

This means:

• It cannot be enforced by a court if one party breaks the terms
• It does not prevent future financial claims — either party can still apply to the court for a financial order at any time
• It has limited legal weight — a judge would consider it as one factor among many, but isn't bound by it

A financial agreement is a starting point, not a finishing line. To make it legally binding and enforceable, it needs to be turned into a consent order and approved by a judge. Until that happens, it's just a piece of paper — however well-intentioned.

	Financial Agreement	Consent Order
Legally binding?	No	Yes — once sealed by the court
Enforceable?	No	Yes — breach can be enforced through the court
Prevents future claims?	No	Yes — with clean break provisions
Court involvement?	None	Judge reviews and approves
Cost	Free (or solicitor fee for drafting)	From £261 (document prep + £62 court fee)

The Contested Financial Remedy Process: What It Actually Involves

If you can't reach agreement with your ex-spouse, the contested route is your only option. Here's what that process looks like — and why it costs so much more.

Stage 1: Form A Application

One party submits Form A (Notice of Intention to Proceed with a Financial Application) to the court, with the £321 court fee. This formally starts financial remedy proceedings.

Stage 2: Full Financial Disclosure (Form E)

Both parties must complete Form E — a comprehensive financial disclosure document that runs to 30+ pages. Unlike the summary Form D81 used for consent orders, Form E requires:

• 12 months of bank statements for every account
• The last 3 years of tax returns (if self-employed)
• Mortgage statements, credit card statements, loan agreements
• Business accounts and valuations (if applicable)
• Pension CETVs and scheme details
• Property valuations
• Details of every financial asset and liability

Preparing Form E alone typically costs £1,000–£3,000 in solicitor fees.

Stage 3: First Directions Appointment (FDA)

The first court hearing. A judge reviews both Form E disclosures, identifies any gaps, and gives directions — for example, ordering property valuations, business valuations, or PODE reports on pensions. This hearing typically takes place 12–16 weeks after the Form A application.

Stage 4: Financial Dispute Resolution (FDR)

The settlement hearing. A judge reads everything and gives an indication of what they would likely order if the case went to a final hearing. The purpose is to encourage settlement — and it often works. Many cases settle at or after FDR.

But if either party disagrees with the judge's indication, the case proceeds to a final hearing.

Stage 5: Final Hearing

Both parties give evidence, are cross-examined, and a judge makes a binding decision. This is the most expensive stage — preparation alone can cost £5,000–£15,000 per party, and the hearing itself may last one to three days. Barristers are often instructed, adding further costs.

The judge then imposes a financial order. Neither party may be happy with it — but both are bound by it.

When You Need a Consent Order

A consent order is the right choice when:

• You and your ex have agreed how to divide your finances
• The agreement covers all assets — property, pensions, savings, debts
• Both parties are willing to sign the order
• You want to dismiss future financial claims (clean break)
• Your finances are relatively straightforward — or complex but agreed

Most divorcing couples in England and Wales fall into this category. According to available data, only around 11–12% of divorces involve contested financial proceedings — meaning the vast majority resolve finances by agreement.

When You Need a Contested Financial Order

A contested financial remedy order becomes necessary when:

• Your ex-spouse refuses to engage in negotiations or mediation
• You can't agree on the value of an asset (property, business, pension)
• There's a suspicion that one party is hiding assets
• The proposed settlement is significantly unfair and your ex won't budge
• There's a history of financial abuse or coercive control
• Complex business structures make it impossible to agree a fair split without expert evidence

Before applying for contested proceedings, courts expect you to have attempted alternative dispute resolution — typically mediation. You'll need a MIAM certificate (Mediation Information and Assessment Meeting) to prove you've at least considered mediation before asking a judge to decide.

Can You Switch from Contested to Consent?

Yes — and many couples do. In fact, a significant number of cases that start as contested proceedings settle before the final hearing. The FDR stage is specifically designed to encourage this.

If you reach agreement at any point during contested proceedings, you can convert your case into a consent order. The judge simply approves the agreed terms instead of imposing their own decision. This is generally the best outcome in a contested case — you retain control of the terms while having had the benefit of the court process to force proper disclosure and give a judicial indication of what's fair.

The catch: by the time you reach agreement in contested proceedings, you've already spent thousands on legal fees. If there's any realistic prospect of agreement, pursuing a consent order from the outset saves significant money and time.

The Cost Comparison in Real Terms

Here's what the same couple — one jointly-owned property worth £350,000, two pensions, modest savings, no children — would pay through each route:

	Consent Order (Online Service)	Consent Order (Solicitor)	Contested Financial Remedy
Court fee	£62	£62	£321
Legal fees	£349	£2,000	£15,000–£25,000 per person
Expert reports	—	PODE if needed (£1,500–£3,000)	Property valuation + PODE + possible business valuation (£3,000–£8,000)
Total per person	£411	£2,062–£5,062	£18,321–£33,321
Timeline	8–12 weeks	8–12 weeks	12–18 months

The difference isn't marginal — it's transformative. A couple spending £822 total on a consent order through an online service would spend £36,000–£66,000 combined on contested proceedings. That's money that could otherwise go toward housing deposits, pension contributions, or simply rebuilding after divorce.

Note: The online service example above uses a Property & Pension package (£349). For a simple Clean Break with no assets to divide, the starting cost is lower — from £199 + £62 court fee = £261 total.

Frequently Asked Questions

Do I need a financial order if we've already agreed everything?

Yes — you need a consent order. An informal agreement, even a written one, is not legally binding and cannot be enforced. More importantly, without a consent order with clean break provisions, financial claims from the marriage remain open indefinitely. A consent order converts your agreement into an enforceable court order and closes the door on future claims.

What happens if we agree on most things but disagree on one issue?

You have a few options. You could try mediation to resolve the specific disagreement. You could instruct solicitors to negotiate on that one point. Or you could apply for contested proceedings on the disputed issue only — though this is unusual and the court may prefer to deal with all financial matters together. Often, the cost of contesting one issue outweighs the value of the issue itself.

Can a consent order be unfair?

The judge has a duty to check that the agreement is fair before approving it. If it appears significantly weighted in one party's favour without explanation, the judge will raise questions or decline to approve. However, the court does allow parties to make their own decisions — even ones a judge might not have made themselves — as long as both parties understand what they're agreeing to and neither is being pressured.

Is a consent order cheaper than a contested order?

Dramatically so. A consent order costs from £261 total (online service + court fee). Contested proceedings typically cost £5,000–£30,000+ per person. The court fee alone is five times higher for contested proceedings (£321 vs £62), and solicitor costs escalate rapidly once hearings, disclosure, and cross-examination are involved.

What if my ex starts contested proceedings — can I still get a consent order?

Yes. You can reach agreement and convert to a consent order at any point before the final hearing. Many contested cases settle at the FDR stage. The key is to keep the lines of communication open and explore settlement throughout the process.

What's a financial remedy order?

"Financial remedy order" is the modern term for any court order dealing with finances on divorce — whether by consent or after a contested hearing. It replaced the older term "ancillary relief" in 2011. Both consent orders and contested financial orders are types of financial remedy order.

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This article is for general informational purposes only and does not constitute legal advice. ConsentReady is an automated legal document generation platform, not a regulated law firm. Court fees referenced are correct as of 13 July 2026. Contested financial remedy costs are based on industry estimates and will vary depending on complexity, location, and choice of solicitor. For advice specific to your situation, consider consulting a family solicitor.