What Happens If You Don't Get a Consent Order After Divorce?
What Happens If You Don't Get a Consent Order After Divorce?
Key Takeaways
- A Final Order (Decree Absolute) ends your marriage — it does not end your financial obligations to each other. Without a sealed Consent Order, your former spouse retains the legal right to make financial claims against you indefinitely.
- The risk is not theoretical. The Supreme Court case Wyatt v Vince [2015] UKSC 14 confirmed that a former wife could pursue a financial claim against her ex-husband more than 20 years after their divorce — because no order had ever been made.
- Sealing a Consent Order — including clean break provisions — closes all future financial claims permanently. For couples who have already agreed their finances, the total cost starts from £261 (platform fee from £199 + £62 HMCTS court fee).
You have received your Final Order. The marriage is legally over. Most people assume — understandably — that this also draws a line under the finances. It does not. In England and Wales, a divorce and a financial settlement are two entirely separate legal processes, and completing one does not complete the other.
Without a court-sealed Consent Order, your former spouse can make financial claims against you at any point in the future — against your savings, your home, your pension, or even an inheritance you receive years from now. This guide sets out precisely what is at risk, what the law says, and how to protect yourself properly.
The Fundamental Misunderstanding: Divorce ≠ Financial Settlement
The Divorce, Dissolution and Separation Act 2020 — which introduced no-fault divorce — changed the grounds on which couples can divorce. It did not change anything about how financial claims between former spouses are handled. That remains governed by the Matrimonial Causes Act 1973 (MCA 1973).
Under sections 23 and 24 of the MCA 1973, the Family Court retains the power to make financial remedy orders — including property adjustment orders and pension sharing orders — between former spouses. Crucially, this power does not expire simply because the divorce has been granted. The court's jurisdiction to consider financial claims continues until a formal order is made dismissing those claims.
The only reliable way to extinguish those claims permanently is through a court-sealed order — typically a Consent Order containing clean break provisions agreed by both parties — or a contested financial remedy order made after a hearing.
The Case That Changed Everything: Wyatt v Vince [2015]
No case better illustrates the danger of leaving financial claims open than Wyatt v Vince [2015] UKSC 14. Dale Vince and Kathleen Wyatt divorced in the early 1990s when both had very little money. No financial order was ever made. Over the following two decades, Dale Vince built Ecotricity into a multimillion-pound business.
In 2011 — more than 20 years after the divorce — Kathleen Wyatt issued a financial remedy application against her former husband. The Supreme Court unanimously held that her application was not statute-barred and could proceed. The case eventually settled for a reported sum in the hundreds of thousands of pounds.
The lesson is stark: financial claims do not expire with the passage of time. If no order was ever made, the claim remains open — regardless of how long ago the divorce took place or how dramatically circumstances have changed since.
What Can Your Former Spouse Actually Claim — Without a Consent Order?
The MCA 1973 grants the court wide discretionary powers under section 25 when considering financial remedy applications. In the absence of a sealed order, a former spouse could potentially apply for:
| Type of Claim | What It Covers | Legal Basis (MCA 1973) |
|---|---|---|
| Lump Sum Order | A one-off capital payment from savings, investments, or proceeds of sale | s.23(1)(c) |
| Property Adjustment Order | Transfer or sale of a property, including one in your sole name acquired after divorce | s.24(1)(a) |
| Pension Sharing Order | A percentage share of any pension fund, including those built up after the marriage ended | s.24B MCA 1973 / WRPA 1999 |
| Periodical Payments (Maintenance) | Regular ongoing income payments from your earnings | s.23(1)(a) |
| Inheritance / Estate Claim | A claim against your estate after death — a sealed Consent Order can include a clause expressly dismissing this right; a former spouse who has remarried cannot bring such a claim | I(PFD)A 1975 |
Notice that the table includes assets and pension funds built up after your divorce. This surprises most people. The court considers all circumstances at the time of the application — not just what existed at the time of the marriage or divorce.
The Remarriage Trap: A Separate Risk You Must Know About
If you remarry before obtaining a Consent Order, you permanently lose your own right to apply for capital or maintenance orders against your former spouse. This is the remarriage bar under s.28(3) MCA 1973. Crucially, the bar operates in one direction only: your former spouse's right to claim against you remains intact. The trap closes against you alone.
This asymmetry is one of the least-understood risks in divorce. If you remarry without first securing a Consent Order, you lose the right to apply for capital or maintenance from your previous spouse — even if you later discover they hold significant assets you were unaware of. Meanwhile, they retain the full ability to bring claims against you.
It is important to note that the remarriage bar applies specifically to capital and maintenance claims. The position regarding pension sharing orders following remarriage involves additional legal complexity, and independent legal advice should be sought in that specific situation.
A Worked Example: Sarah and James, Eight Years On
Sarah and James divorced in 2017. They agreed informally that James would keep the flat and Sarah would keep her savings. Both moved on. James, now 47, has since paid off a significant portion of the mortgage, invested in an ISA, and built a defined benefit pension worth £180,000 in cash equivalent transfer value (CETV).
In 2025, Sarah's circumstances changed. She consulted a solicitor who confirmed that — because no Consent Order was ever made — she could issue a Form A application for a financial remedy. The court would consider all of James's current financial position under section 25 MCA 1973: his property equity, his ISA, and his pension, all of which grew substantially after their divorce.
A contested financial remedy application costs £321 to file (HMCTS EX50, from 13 July 2026) and typically involves solicitor fees on both sides running into thousands of pounds. That outcome could have been prevented entirely, years earlier, for a fraction of the cost.
What a Consent Order Actually Does: The Clean Break Mechanism
A Consent Order submitted to the Family Court — alongside a completed Form D81 (Statement of Information) — does several things simultaneously when sealed by a District Judge:
- Records the agreed financial settlement in legally enforceable terms — property transfers, lump sums, pension sharing annex.
- Includes clean break provisions under s.25A MCA 1973 — formally dismissing all remaining financial claims on both sides: capital, maintenance, pension, and estate.
- Becomes a court order — meaning it can be enforced through the courts if either party fails to comply with its terms.
- Permanently bars future claims — once sealed, neither party can reopen the financial settlement or issue a fresh financial remedy application (subject to narrow exceptional grounds such as fraud or non-disclosure, as confirmed in Sharland v Sharland [2015] UKSC 60 and Gohil v Gohil [2015] UKSC 61).
| Situation | Without Consent Order | With Sealed Consent Order |
|---|---|---|
| Future claim on savings | Possible — claim remains open | Permanently barred |
| Future claim on pension | Possible — even for post-divorce growth | Permanently barred (with clean break pension clause) |
| Future claim on inherited assets | Possible under I(PFD)A 1975 | Estate claim provisions included |
| Property acquired after divorce | Court has discretion to consider it | Permanently protected |
| Remarriage and claim rights | You lose your rights; ex retains theirs | All claims already dismissed — no exposure |
Can You Still Get a Consent Order After Your Divorce Is Finalised?
Yes — and this is important to understand. You do not need to be in the middle of a divorce to apply for a Consent Order. Provided the marriage has been dissolved by a Final Order (formerly Decree Absolute), you can apply for a Consent Order at any point afterwards — whether the Final Order was granted six months ago or several years ago.
The process is the same: both parties must agree the financial terms, complete a Draft Consent Order and Form D81, and submit the package to the Family Court with the £62 application fee (HMCTS EX50, current from 13 July 2026). A District Judge will review the documents on the papers — no court hearing is required for straightforward uncontested cases.
The Real Cost of Not Acting Now
If financial claims are left open and your former spouse subsequently issues a contested financial remedy application (Form A), the filing fee alone rises to £321. Solicitor fees for responding to a contested application — disclosure, correspondence, negotiation, and potentially a hearing — typically run from several hundred to several thousand pounds, depending on complexity.
Compared to that, the cost of sealing a Consent Order now — for couples who have already agreed their financial terms — is straightforward: a platform fee from £199 and the £62 HMCTS court fee, giving a total from £261. The documents are drafted, reviewed against court requirements, and ready to submit.
Protect Your Financial Future — Starting from £261 Total
ConsentReady prepares your court-compliant Consent Order and Form D81 for submission to the HMCTS Family Court. For couples who have already agreed their financial terms.
From £199 for simple clean break | From £349 with property and pension arrangements
Plus the £62 HMCTS court fee. Total from £261.
Frequently Asked Questions
How long after a divorce can a former spouse make a financial claim in England and Wales?
There is no statutory time limit on financial remedy applications in England and Wales. As confirmed by the Supreme Court in Wyatt v Vince [2015] UKSC 14, a former spouse can issue a financial remedy application decades after the divorce, provided no court order has ever been made dismissing those claims. The passage of time may affect what the court awards, but it does not prevent the application itself.
Is a private financial agreement — signed by both parties — legally binding after divorce?
No. A private written agreement between former spouses — even one drafted by solicitors and signed by both parties — is not directly enforceable as a court order. A court may take such an agreement into account when exercising its discretion if a financial remedy application is later made, but it cannot prevent your former spouse from making that application, and it cannot be enforced as a binding obligation in the way a sealed court order can.
Does a Consent Order need to be obtained before the Final Order (Decree Absolute)?
No — in fact, the Family Court will not seal a Consent Order until the Final Order has been granted. However, it is sensible to have the draft documents prepared and agreed in advance so that the application can be submitted promptly once the Final Order is issued. A Consent Order can be obtained at any time after the marriage has been dissolved, with no upper time limit — subject to the important remarriage bar discussed in this article.
What is Form D81 and is it compulsory for a Consent Order?
Form D81 — the Statement of Information for a Consent Order — is compulsory. The current version is 04.25 (April 2025). It must be completed by both parties and submitted alongside the Draft Consent Order. The form provides the District Judge with a full picture of both parties' financial circumstances — income, assets, liabilities, pensions, and housing needs — so the court can assess whether the agreed terms meet the broad requirements of fairness under section 25 MCA 1973. An application submitted without a properly completed Form D81 will be queried or returned by the court.
If I have remarried, can I still apply for a Consent Order?
This depends on which party has remarried. The remarriage bar under s.28(3) MCA 1973 operates in one direction only: if you have remarried, you lose the right to apply for capital or maintenance orders against your former spouse. However, your former spouse's right to bring claims against you remains intact. If your former spouse is the one who has remarried but you have not, your own right to apply is unaffected. Where either party has remarried, the legal position can become complex — particularly regarding pension sharing — and independent legal advice should be sought.
Can I get a Consent Order if my divorce was several years ago?
Yes. Provided the marriage has been dissolved by a Final Order and the remarriage bar does not prevent one of the parties from making an application, you can apply for a Consent Order regardless of how long ago the divorce took place. The process — Draft Consent Order, Form D81, and the £62 court fee — remains the same. The court will assess the terms as they stand at the time of the application, taking into account current financial circumstances on both sides.
What happens if my former spouse refuses to cooperate with a Consent Order?
A Consent Order requires both parties to agree the terms and sign the draft — it is by definition an agreed order. If your former spouse will not engage, a Consent Order is not available. In that situation, the alternative is to issue a contested financial remedy application using Form A (court fee: £321). This places the matter before the court, which can order financial disclosure and ultimately impose a financial settlement. This is a significantly more involved and costly process, and independent legal advice should be sought.
Can a sealed Consent Order ever be overturned?
In very narrow circumstances, yes. The Supreme Court in Sharland v Sharland [2015] UKSC 60 and Gohil v Gohil [2015] UKSC 61 confirmed that a sealed consent order may be set aside where there has been material non-disclosure or fraud — for example, where one party deliberately concealed significant assets during the financial disclosure process. These cases are exceptional. A properly completed Form D81 with full, honest financial disclosure on both sides provides the correct foundation for a durable, court-approved settlement.
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