Financial Consent Order (what it is & how to get one)

What is a Financial Consent Order?

A Financial Consent Order is a legally binding court document that sets out how your finances will be divided when you divorce. Most divorcing couples apply for a Financial Consent Order at the same time as getting divorced. This way, it is neater, and draws a line under your finances.

But some couples apply for a Financial Consent Order some time after getting divorced. Sometimes the divorcing couple want to deal with one thing at a time, or didn't realise they could get a Financial Consent Order, or thought it wasn't necessary. It is common for us to see people who have finalised their divorce years ago, but now wish to obtain a Financial Consent Order.

What is a 'Clean Break' Financial Consent Order?

When getting divorced, a 'clean break' means that you and your ex-spouse have no ongoing financial ties. For example, there would be no ongoing financial payments such as monthly spousal maintenance payments. The Family Court prefers divorcing couples to get a clean break Financial Consent Order if this is possible and fair in their circumstances. Sometimes it is not possible or fair, in which case you may have ongoing payments between ex-spouses for a set period of time.

It's important to note that payments for children - Child Maintenance - is usually dealt with separately. Obligations to pay child maintenance continue, regardless of obtaining a clean break Financial Consent Order.

How do we get a Financial Consent Order?

It's vital to reach a full and comprehensive agreement with your spouse (or ex-spouse if you have already completed your divorce).

The court will only grant a Financial Consent Order if you agree on all aspects of your financial situation, including:

• Property

• Savings

• Investments

• Pensions

• Assets of significant value (items worth £500 or more)

• Debts and liabilities

If you have not discussed an area of your finances yet, you will need to discuss your needs and options before seeking a Financial Consent Order. In our experience, a commonly overlooked area is pensions. Every pension pot will need to be reviewed and a decision reached on what is happening with it.

The Court takes the view that to reach a full agreement, you will need to have obtained up-to-date values for all assets (including pensions) and transparently shared this information with each other. There must be no hidding of assets, only an open 'cards on the table' approach from both spouses.

Can we get a 'DIY' Financial Consent Order ourselves?

Yes. You do not have to involve any professionals. But it is a good idea to get some professional help if you get stuck or are unsure.

One area of difficulty can be reaching a full and comprehensive agreement. Family mediation can assist here by facilitating productive discussions that addresses every area of your finances. Family mediators can also provide an independent record of your agreement, written clearly in everyday language so you can reflect on the agreement before making it legally binding.

Another area where people seek assistance is in 'drafting' (i.e. writing) the Financial Consent Order. Because the Financial Consent Order is a legal document, it is important it is written very clearly to reflect your wishes, and in a language and format the the court will accept. It's important it does not contain inaccuracies or amgiguity that may create problems in the future. A family law solicitor experienced in drafting Financial Consent Orders can assist with this task, after you have reached full agreement.

Where can I find professional assistance?

Family mediation is regulated by the Family Mediation Council (FMC). Be sure any family mediator you use is registered with the FMC. You can contact us with any queries about family mediation, or to book an appointment.

Family law solicitors are regulated by the Solicitors Regulation Authority (SRA). You can search online or use the Law Society's Find a Solicitor tool.

How much does a Financial Consent Order cost?

There is a court fee of £60. This is in addition to the court fee to apply for divorce, currently £612. Check with the court as their fees may increase.

Prices for professionals such as mediators and solicitors vary, so do shop around.

Family mediators charge around £120 - £200 for an hour of mediation. If you need to discuss arrangements for children, you can claim £500 worth of free mediation under the Mediation Voucher Scheme.

Solicitor fees will vary depending on how long and complex your Financial Consent Order is. Prices usually start from £700 for a simple document.

Tips and recommendations for a Financial Consent Order

When assisting our clients, we highlight a number of key risks and considerations:

• There is a risk to completely ignoring finances when divorcing, or ignoring any element (e.g. pensions). If there is no Financial Order in place, your ex may be able to make a claim on you financially later on.

• The ideal outcome is amicably agreeing a fair financial split between you both.

• A court battle (litigation) is usually a 'lose/lose' situation because the stress, length of proceedings (often years), and legal costs (think £15,000 - £50,000 each).

• Make sure you fully understand the process, including full and frank financial disclosure, and seek guidance when needed.

• Wanting to complete the process quickly is understandable, but you must take time to properly budget for your future needs when making agreements.

Due to the risks and difficulties encountered, most people get at least some professional assistance during their divorce journey. Key times to seek help are when you are unsure about the correct process, if negotiations are stuck or turning into conflict, and for reassurance before making agreements legally binding.

Contact us with any questions you may have about Financial Consent Orders, family mediation, or divorce.

Call 0800 133 7303 or Contact Us.

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Please note: this guide provides general information regarding the divorce process in England and Wales as of February 2025. Seek tailored and up-to-date advice on your personal circumstances from a professional.