How to Submit a Consent Order to the Family Court: Step-by-Step

You've Agreed on Everything. Now What?

You and your ex have reached a financial agreement. You know who's keeping the house, how the pensions are handled, and what happens to the savings. The hard part — the negotiation — is done.

But here's the thing most people don't realise: your agreement means nothing until a judge approves it.

A private deal between two people — even one written down and signed — has no legal force in England and Wales. To make it binding and enforceable, you need to submit it to the family court as a Consent Order, alongside a Form D81 (your financial disclosure), and have a District Judge review and seal it.

This guide walks you through the entire submission process, step by step — what documents you need, where to send them, what the court fee is, and how to avoid the mistakes that cause delays and rejections.

Before You Submit: What You Need Ready

Don't submit anything until you have all of these prepared. Missing documents are one of the top reasons applications get bounced back.

1. Draft Consent Order (signed by both parties)

This is the legal document that sets out exactly how your finances are being divided: property, pensions, savings, debts, and maintenance. It must include proper legal terminology, recitals, and — critically — dismissal clauses that permanently bar future financial claims.

Both the applicant and respondent must sign the draft. The court will not accept an unsigned order.

2. Form D81 — Statement of Information

This is a financial summary that gives the judge enough information to assess whether the proposed settlement is fair. It covers:

• Both parties' income (gross and net)
• Property owned (with estimated values and outstanding mortgages)
• Savings, investments, and other capital assets
• Pensions (with CETV values)
• Debts and liabilities
• Housing needs after the divorce
• Details of any dependent children

The Form D81 must be completed by both parties. If the judge spots incomplete disclosure — missing pension values, unexplained income gaps, or unaccounted assets — the application will be sent back.

3. Form A — Notice of Intention to Apply

If neither party has a solicitor, you need to submit a Form A alongside your Consent Order. This formally notifies the court that you're applying for a financial remedy order. If one or both parties have a solicitor submitting through the online portal, Form A is not required.

4. Conditional Order (formerly Decree Nisi)

You cannot submit a Consent Order until the court has granted your Conditional Order in the divorce proceedings. This is the halfway point of the divorce — it confirms the court is satisfied the divorce can proceed. You'll need a copy to include with your submission.

5. Pension Sharing Annex (if applicable)

If your settlement includes any pension sharing, you'll need a Pension Sharing Annex — a separate schedule that details the pension provider, CETV value, and the percentage being shared. This must be formatted correctly, as pension clause errors are one of the most common reasons for rejection.

Two Ways to Submit: Online Portal vs Post

Since August 2020, HMCTS has mandated online submission for consent order applications made through solicitors. But the route depends on whether you have legal representation.

If You Have a Solicitor

Your solicitor submits through the MyHMCTS professional portal. They upload the signed Consent Order, Form D81, and any pension documents together as a single application. The court fee is paid via their Payment by Account (PBA). This is the fastest route — most solicitor-submitted applications are processed and returned within one to two weeks.

If You're Submitting Without a Solicitor (Litigant in Person)

You submit by post to the central processing centre:

HMCTS Financial Remedy
PO Box 12746
Harlow CM20 9QZ

Include in your envelope:

• Signed Draft Consent Order
• Completed Form D81 (both parties' sections)
• Form A (Notice of Intention)
• Copy of your Conditional Order
• Pension Sharing Annex (if applicable)
• Court fee payment (cheque payable to "HMCTS")

Paper applications take longer to process than online submissions — typically 4 to 12 weeks depending on the court's workload and the quality of your paperwork.

The Court Fee

The current HMCTS court fee for submitting a financial remedy consent order is £62.

If you're on a low income or receiving certain benefits, you may be eligible for a fee reduction or full waiver through the Help with Fees scheme (form EX160). You can check your eligibility and apply online at gov.uk/get-help-with-court-fees.

What Happens After You Submit

Once the court receives your application, here's the process:

Step 1: Administrative Check

Court staff check that all required documents are present and the fee has been paid. If anything is missing, they'll contact you (or your solicitor) to request the missing items before the application reaches a judge.

Step 2: Judge Review

A District Judge reviews the draft Consent Order alongside the Form D81. There's no hearing — this is done privately, on paper. The judge is checking three things:

• Fairness: Does the proposed split appear reasonable given both parties' financial positions?
• Disclosure: Have both parties provided full and frank financial information?
• Drafting quality: Is the order legally precise, with proper recitals, enforceable clauses, and correct dismissal provisions?

Step 3: One of Three Outcomes

Approved: The judge seals the order. You receive a stamped, legally binding Consent Order — either by email notification (online) or by post. This is now enforceable by the court.

Queries raised: The judge sends a letter of requisition asking for clarification or additional information. This is not a rejection — it's a request to fix specific issues before approval. Common queries include unclear property clauses, missing pension details, or questions about fairness.

Refused: The judge rejects the order outright. This is relatively rare with professionally drafted orders, but more common with DIY submissions. You'll receive reasons for the refusal and can amend and resubmit.

How Long Does Approval Take?

Typical timelines:

• Solicitor-submitted (online): 1–4 weeks for straightforward cases
• Self-submitted (by post): 4–12 weeks depending on court workload
• If queries are raised: Add another 4–8 weeks for the back-and-forth
• If rejected and resubmitted: The clock resets — another full review cycle

The single biggest thing you can do to speed up approval is get the paperwork right first time. Complete financial disclosure, precise legal drafting, and correct formatting eliminate the most common causes of delay.

Common Mistakes That Delay or Derail Submissions

Knowing what goes wrong helps you avoid it:

• Submitting before the Conditional Order: The court won't process a Consent Order until the divorce has reached the Conditional Order stage. Timing matters.
• Incomplete Form D81: Every section must be completed. Leaving pension values blank because you "don't have a pension worth much" still gets flagged. The judge needs the full picture.
• Unsigned documents: Both parties must sign the draft Consent Order. One missing signature = automatic return.
• Uploading documents separately (online): If submitting through a solicitor online, the Consent Order, D81, and pension documents must be uploaded together in the same flow. Uploading them as separate documents means they don't automatically link in the system.
• Vague property clauses: "We'll sell the house and split the money" isn't enforceable. The order needs specific addresses, timeframes, mechanisms for sale, and indemnity provisions.
• Missing dismissal clauses: If the order doesn't explicitly dismiss all future claims (capital, income, pension, estate), those claims remain open — even after the order is sealed.

After Approval: What the Sealed Order Means

Once the judge approves and seals your Consent Order, it becomes legally binding and enforceable. That means:

• Both parties must comply with the terms — property transfers, pension sharing, lump sum payments must happen as specified
• If either party breaches the order, the other can return to court to enforce it (via attachment of earnings, charging orders, or contempt proceedings)
• All dismissed claims are permanently barred — neither party can make future financial claims against the other
• The order takes full legal effect once the Final Order of divorce (formerly Decree Absolute) is granted

One important point: most family lawyers recommend getting the Consent Order approved and sealed before applying for the Final Order. Finalising the divorce before the financial order is in place can affect entitlements — particularly pension rights and inheritance claims.

The Bottom Line

Submitting a Consent Order isn't complicated — but it is precise. The court needs specific documents, in the correct format, with complete financial disclosure and properly drafted legal clauses. Miss any of those elements and you're looking at weeks of delay.

The fastest route to a sealed, legally binding order is getting everything right before you submit: accurate Form D81, properly formatted Consent Order with all necessary clauses, and any supporting pension documentation. First-time approval means first-time protection.

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Frequently Asked Questions

Can I submit a Consent Order before my divorce is finalised?

You can submit once your Conditional Order (formerly Decree Nisi) has been granted — you don't need to wait for the Final Order. In fact, it's recommended to get the Consent Order sealed before applying for the Final Order, to protect pension and inheritance rights.

What if my ex won't sign the Consent Order?

Both parties must sign for it to be a Consent Order. If your ex refuses to sign, you may need to apply for a contested financial remedy order instead, which involves a court hearing. Mediation can sometimes help resolve the deadlock before it reaches that stage.

Can I submit online without a solicitor?

Currently, the MyHMCTS online portal is primarily designed for solicitor submissions. If you're acting without a solicitor (litigant in person), you typically submit by post to the HMCTS Financial Remedy centre in Harlow. Check the latest HMCTS guidance for any updates to self-service online access.

What happens if the judge raises queries?

You'll receive a letter explaining what the judge wants clarified or changed. This might be additional financial information, clearer drafting on a specific clause, or a question about fairness. You address the points and resubmit — it's not a rejection, just a request for more detail.

How do I check if I'm eligible for Help with Fees?

Visit gov.uk/get-help-with-court-fees and complete the online eligibility check. If you're receiving certain benefits or your income falls below the threshold, you may qualify for a full or partial fee waiver. Apply using form EX160 before submitting your Consent Order application.