Do I need a consent order after divorce?

The divorce order ends the marriage. It does nothing at all to the finances. Couples who settle by email, through solicitors or in mediation and then stop frequently assume the matter is closed; it is not. Either party can walk away from an informal agreement, and — far more importantly — the financial claims arising from the marriage do not expire on their own. A former spouse can in principle bring a capital claim many years later, and cases where that has happened after a windfall are not rare.

How to obtain one

1. Agree the full terms — property, capital, pensions, maintenance, and anything else — and have them drafted as a consent order in proper form.
2. File Form A, marked as a consent application, with the court fee for a financial order by consent, currently £62. This gives the court jurisdiction to make the order.
3. Deal with the MIAM requirement. Consent applications are exempt, so tick the relevant box.
4. Complete Form D81 — each party files one. It sets out income, assets, debts, mortgage and net position so the judge can assess fairness. It is not the full Form E disclosure required in contested cases.
5. Submit the draft order with both D81s. A judge reviews it on the papers and, if satisfied it is fair, seals and returns it. Expect roughly 4 to 12 weeks. A grossly imbalanced order can be refused and listed for a short hearing.

You need a conditional order in the divorce before the court will approve a financial consent order.

What it should contain

A properly drafted order deals with capital — who keeps which property and in what shares if sold, and any charge over the family home — with pension sharing where relevant, with any spousal maintenance including its term and the basis for variation, and, critically, with a clean break clause dismissing all remaining capital, pension and income claims. Without that clause the claims stay technically open.

Once sealed the order is enforceable like any other, through charging orders, third party debt orders, or committal in extreme cases. Maintenance can be varied on a material change of circumstances; capital orders and implemented pension shares generally cannot. Setting an order aside is possible but difficult — material non-disclosure, fraud or duress, or a fundamental supervening event. A separation agreement is not a substitute: it is a private contract the court can take into account but is not bound by.