How to Get a Consent Order in England & Wales (2026 Step-by-Step Guide)

Your divorce is final — but your finances aren't. Here's the problem.

Most people assume that once the divorce goes through, everything is settled. The marriage is over, so the money side must be sorted too, right?

Wrong. And it's a mistake that costs people tens of thousands of pounds.

A divorce only dissolves the legal marriage. It does nothing — absolutely nothing — to settle who keeps the house, how pensions are divided, or whether your ex-spouse can make a financial claim against you five, ten, or even twenty years from now.

The only way to make a financial agreement legally binding and close the door on future claims is a Consent Order — a court-approved document that turns your agreement into an enforceable court order.

This guide walks you through every step of getting a Consent Order in England and Wales in 2026, from reaching an agreement to receiving your sealed order from the court. No legal jargon, no fluff — just a clear, practical roadmap.

What exactly is a Consent Order?

A Consent Order is a legal document that records the financial agreement you and your ex-spouse have reached. Once a District Judge reviews it, approves it, and the court seals it, the order becomes legally binding and enforceable.

It can cover:

• Property — who keeps the family home, whether it's sold, how equity is divided
• Pensions — pension sharing orders, pension attachment, or offsetting
• Savings and investments — bank accounts, ISAs, shares, crypto
• Debts — mortgages, loans, credit cards, and who takes responsibility
• Spousal maintenance — ongoing payments or a clean break dismissing future claims
• Clean break provisions — permanently ending each party's ability to make financial claims against the other

Think of a Consent Order as the financial full stop of your divorce. Without one, the sentence never ends.

Not all Consent Orders are the same

The term "Consent Order" covers several distinct types, and knowing which one applies to your situation affects both cost and complexity:

Type	What it does	When you need it
Clean Break Order	Dismisses all future financial claims between both parties — no ongoing payments, no future claims	Couples with no property to transfer and no pensions to share, who simply want to sever all financial ties permanently
Property & Asset Consent Order	Divides property, savings, investments, and debts — includes transfer of property orders, sale provisions, and lump sum payments	Couples who own a home together, have joint savings, or need to formally divide assets
Pension Sharing Consent Order	Splits one or both parties' pensions by a specified percentage, creating an independent pension for the receiving party	Couples where pension values form a significant part of the marital assets — especially common in longer marriages

Many orders combine elements of all three — for example, transferring the family home to one party, sharing a pension, and including clean break provisions to dismiss all remaining claims. The key is making sure your order covers everything, not just the obvious assets.

Why you can't skip this step

You might be thinking: "We've agreed everything between us — why involve the court?"

Because informal agreements — even written ones — have no legal force. They cannot be enforced by a court. And more importantly, without a Consent Order, financial claims from the marriage remain open indefinitely.

This isn't a theoretical risk. In the well-known case of Wyatt v Vince (2015), a couple divorced in 1992 with very little money. By 2011, Mr Vince had built a £57 million wind energy business. Because they never obtained a Consent Order, Mrs Wyatt was able to bring a financial claim — 19 years after the divorce — and received a £300,000 settlement.

A Consent Order would have prevented that claim entirely. Whether you have modest savings or substantial assets, the protection works the same way.

The complete step-by-step process

Getting a Consent Order involves six stages. Some run in parallel with your divorce proceedings, while others follow a strict sequence. Here's how they fit together.

Step 1: Reach a financial agreement with your ex-spouse

Before any paperwork begins, you and your ex need to agree on how to divide your finances. The court won't impose terms through a Consent Order — that's what contested proceedings are for. A Consent Order records an agreement you've already reached.

There are several ways to reach agreement:

• Direct negotiation — you and your ex discuss and agree terms between yourselves
• Mediation — a trained, impartial mediator helps you both reach a fair settlement (courts in England and Wales generally expect you to attempt mediation before any contested application)
• Solicitor negotiation — each party instructs a solicitor who negotiates on their behalf
• Collaborative law — both parties and their solicitors commit to resolving matters without going to court

However you get there, the agreement needs to cover all financial matters — property, pensions, savings, debts, and maintenance. Partial agreements create problems later.

Top tip: Write down the agreed terms clearly, even if it's just in an email both parties confirm. This becomes the foundation for drafting the Consent Order itself.

Step 2: Gather your financial information

The court requires full financial disclosure from both parties before it will approve any Consent Order. This information goes into Form D81 (Statement of Information for a Consent Order), which accompanies your application.

You'll need to collect:

• Income details — employment, self-employment, benefits, rental income
• Property valuations — estimated market values and outstanding mortgage balances
• Savings and investments — bank accounts, ISAs, premium bonds, shares
• Pension values — Cash Equivalent Transfer Values (CETVs) from each pension provider
• Debts — loans, credit cards, hire purchase agreements
• Living expenses and housing needs — especially if children are involved

Getting pension CETVs can take several weeks, so request these early. Pension providers are legally required to provide CETV values, but they're not always quick about it.

Step 3: Draft the Consent Order

The Consent Order document itself needs to be drafted in a specific legal format that the Family Court expects. This isn't a casual letter — it's a formal court order with precise legal terminology, numbered paragraphs, recitals, and undertakings where appropriate.

You have three main options for getting it drafted:

Drafting option	Typical cost	Best for
Traditional solicitor	£1,000–£3,500+	Complex cases with business assets, trusts, or disputes
Online legal service	£199–£599	Straightforward agreed settlements — property, pensions, clean break
DIY (draft it yourself)	£0	Not recommended — high rejection rate from judges

A poorly drafted Consent Order is one of the most common reasons judges refuse to approve applications. Missing clauses, incorrect legal phrasing, or incomplete provisions can all trigger a rejection — which means re-drafting, re-submitting, and waiting again.

Unless you have legal training, the cost of professional drafting is almost always worth the time and stress it saves.

Step 4: Complete Form D81

Form D81 is the Statement of Information that accompanies your Consent Order application. It gives the District Judge a snapshot of both parties' financial positions so they can assess whether the proposed agreement is fair.

Both the applicant and respondent must provide their information on Form D81, and both must sign it. The form covers:

• Each party's income and earning capacity
• All property, with values and mortgage details
• All pensions, with CETV values
• Savings, investments, and other capital assets
• Debts and financial obligations
• Housing needs and arrangements for any children
• Each party's financial position if the order is approved as proposed

The judge uses Form D81 to decide whether the agreement meets the fairness criteria set out in Section 25 of the Matrimonial Causes Act 1973. If something looks unbalanced or unexplained, they can ask questions or decline to approve.

Step 5: Submit to the court

Once you have the signed Consent Order and completed Form D81, you're ready to submit. There are two routes:

If you have a solicitor: They submit the application through the MyHMCTS online portal. This is the digital route and is mandatory for legally represented parties.

If you're representing yourself (litigant in person): You send the documents by post to:

Your submission pack should include:

• The signed Draft Consent Order (signed by both parties)
• Completed Form D81 (signed by both parties)
• A copy of the Conditional Order (formerly Decree Nisi)
• The £62 court fee (as of July 2026 — increased from £60 following the HMCTS fee uplift on 13 July 2026)
• If applying as a litigant in person: a completed Form A (Notice of Intention to Proceed with a Financial Application)

Important timing point: You cannot submit a Consent Order until your divorce has reached at least the Conditional Order stage. The Consent Order itself only takes legal effect once the Final Order (formerly Decree Absolute) is granted.

If you're on a low income or receiving certain benefits, you may be eligible for help with the court fee through the Help with Fees scheme (Form EX160). This can reduce or eliminate the £62 fee entirely.

Step 6: Court review and approval

Once received, your application goes through a structured review:

1. Logging and receipt (1–2 weeks) — the court registers your application and confirms receipt
2. Administrative check (2–4 weeks) — court staff check the paperwork is complete and correctly formatted
3. Judicial review (4–10 weeks) — a District Judge reviews the Consent Order and Form D81 to assess fairness

In most cases, there is no court hearing. The judge reviews everything on paper. If they're satisfied the agreement is fair to both parties (and to any children), they approve the order and the court seals it.

The sealed order is then sent back to you or your solicitor, and the terms become legally binding and enforceable.

How long does the whole process take?

Realistic timelines in 2026:

Stage	Typical timeframe
Reaching agreement	Varies — days to months
Gathering financial info (including pension CETVs)	2–6 weeks
Drafting the Consent Order and Form D81	1–3 weeks
Court review and approval	4–12 weeks (average 8–12)

From submission to sealed order, most applications take 8 to 12 weeks. Some courts are faster (4–6 weeks); busier courts — particularly in London — can take 16 weeks or longer.

If the judge raises queries or requests changes, add another 4–8 weeks for the back-and-forth and resubmission.

What does it cost in total?

Here's a realistic breakdown of total costs for getting a Consent Order in 2026:

Cost component	Amount
HMCTS court fee	£62
Professional drafting (online service)	£199–£599
Professional drafting (solicitor)	£1,000–£3,500+
Mediation (if needed to reach agreement)	£300–£1,500

For most couples with a straightforward agreement, the total cost through an online service is £261–£661 including the court fee. That's a fraction of what contested proceedings would cost — which can run into £10,000–£30,000 or more per person.

What if the judge rejects your Consent Order?

It happens — and it's not the end of the world. A judge can decline to approve your Consent Order if:

• The agreement appears significantly unfair to one party
• Financial disclosure is incomplete or inconsistent
• The drafting contains errors, missing clauses, or incorrect legal terminology
• Children's needs haven't been adequately considered
• The order is unclear or contradictory

In most cases, the judge will explain what needs to change. You then amend the order and resubmit. The majority of initially rejected orders are approved on the second attempt once the issues are addressed.

Professional drafting significantly reduces the risk of rejection. A properly formatted order with the correct legal language and complete provisions is far more likely to sail through first time.

Can you get a Consent Order after the divorce is finalised?

Yes — and this is a point many people miss. You can apply for a Consent Order at any time after your divorce, provided neither party has remarried.

If you divorced years ago without sorting your finances, getting a Consent Order now is still possible — and highly advisable. Every year without one is a year your ex-spouse retains the right to make a financial claim against your current and future assets.

DIY vs professional drafting: an honest comparison

You're legally allowed to draft your own Consent Order. There's no requirement to use a solicitor or any professional service. But should you?

	DIY drafting	Professional service
Cost	£0 (plus £62 court fee)	£199–£599 (plus £62 court fee)
Approval rate	Lower — missing clauses and formatting errors are common	Higher — drafts follow established court templates
Time to approval	Often longer due to rejections and resubmissions	Typically faster — fewer queries from the judge
Legal protection	Risk of incomplete clean break provisions	Comprehensive clauses covering all financial claims
Stress	High — legal drafting is unfamiliar territory for most people	Low — you provide the information, the service handles the rest

The £199–£599 you spend on professional drafting buys you peace of mind that your agreement is properly documented, legally watertight, and likely to be approved first time. When the alternative is leaving financial claims open indefinitely, that's an investment — not an expense.

Frequently asked questions

Do both parties need to agree to a Consent Order?

Yes. A Consent Order is, by definition, an order made by consent — both parties must agree to its terms and both must sign the application. If you can't reach agreement, you'd need to apply for a Financial Remedy Order through contested proceedings instead.

Do I need a solicitor to get a Consent Order?

No. There's no legal requirement to use a solicitor. You can draft and submit the application yourself, or use an online service that handles the drafting for you at a fraction of solicitor fees. What matters is that the document meets the court's requirements.

Can I apply for a Consent Order before the divorce is finalised?

You can submit the application once you have your Conditional Order (the stage formerly known as Decree Nisi). The Consent Order will only take legal effect once the Final Order (formerly Decree Absolute) is granted.

What happens if my ex won't sign?

Without their signature, you cannot proceed with a Consent Order. Your options would be to attempt mediation to resolve the disagreement, or apply to the court for a Financial Remedy Order (contested proceedings), which involves a formal application using Form A and the associated £321 court fee.

How much is the court fee for a Consent Order?

The current HMCTS court fee is £62 (updated 13 July 2026). This is the same regardless of whether you use a solicitor, an online service, or submit the application yourself. You may be eligible for a fee reduction or waiver through the Help with Fees scheme if you're on a low income.

Is there a time limit for getting a Consent Order after divorce?

No statutory time limit — but there's an important exception. If either party remarries, they permanently lose the right to apply for financial orders against their former spouse. So while you can wait, it's risky to delay.

The bottom line

Getting a Consent Order isn't complicated, but it does require attention to detail. The process breaks down into clear steps: agree your financial terms, gather your information, get the order professionally drafted, complete Form D81, submit to the court, and wait for judicial approval.

The entire process typically costs between £261 and £661 through an online service — a fraction of what you'd pay a solicitor — and takes around 8 to 12 weeks from submission to sealed order.

The real question isn't whether you can afford to get a Consent Order. It's whether you can afford not to. Every day without one is a day your ex-spouse retains the legal right to make a financial claim against everything you own — and everything you'll earn in the future.