A Guide to Financial Consent Orders: The Legal Procedure Explained, with By Personal Touch - affordable, personalised legal care & support
- Anthony Davis
- Jun 1
- 18 min read
Below is extracted from "The Litigant in Person's Guide to Financial Proceedings in & out of the UK Family Courts." This '410 page' essential resource is available now to help you navigate complex financial matters confidently. Don't miss out on the opportunity to empower yourself in the family divorce process at -
What is a Financial Consent Order?
A Financial Consent Order is a legally binding document that sets out the financial arrangements between divorcing or separating couples. It records the agreement you have reached about how your money, property, pensions, and other assets will be divided. The key benefit of a Consent Order is that once approved by the court, it provides financial closure, preventing either party from making further financial claims against the other in the future. Without this formal legal document, even if you've been divorced for decades, your ex-spouse could potentially make a claim against your wealth, inheritance, or premium bond winnings years later.
When You Can Apply for a Financial Consent Order
You can apply for a Financial Consent Order once you have started divorce or dissolution proceedings. The timing is important: you must wait until after the Decree Nisi (now called Conditional Order under the new divorce law) has been granted, but it's advisable to begin preparing your agreement earlier to avoid delays. The Consent Order will only become legally binding after your Decree Absolute (now called Final Order) is issued, finalising your divorce. If you're separating but not divorcing (perhaps you were in a civil partnership or cohabiting), different financial orders may be appropriate, and you should seek specific advice for your situation.
The Step-by-Step Procedure
Step 1: Reaching an Agreement Between Parties
The first and most crucial step is reaching a full financial agreement with your ex-partner. This agreement can be achieved through direct communication between you both if your separation is amicable. Many couples find mediation sessions with a qualified family mediator helpful, as the mediator facilitates discussions but doesn't provide legal advice. Some opt for solicitor negotiations, where each party has legal representation to help reach an agreement. Others prefer collaborative law processes, where both parties and their solicitors work together in four-way meetings to find solutions.
Regardless of the method, you need to agree on how all assets will be divided, including the family home, savings, investments, pensions, and any debts. You'll also need to agree on whether any ongoing maintenance payments are necessary. This agreement forms the foundation of your Consent Order, so it's essential to ensure it covers everything and that both parties are satisfied with the terms.
Step 2: Full Financial Disclosure
Before finalising your agreement, both parties must provide full and frank disclosure of all financial assets. This transparency ensures the agreement is fair and based on complete information. You should prepare details of your income from all sources, including employment, self-employment, benefits, and investment income. You'll need documentation of all property and its current market value, which might require estate agent valuations.
Your disclosure should cover all savings and investments, including ISAs, shares, premium bonds, and cryptocurrency holdings. Pension values need to be comprehensive, including state pension forecasts, workplace pensions, and private pension schemes. You'll also need to document outstanding debts such as mortgages, loans, credit cards, and overdrafts. Any business interests should be disclosed with appropriate valuations, and valuable possessions such as cars, jewellery, or artwork should be included.
This disclosure process helps ensure the court will view your agreement as fair and reasonable when they review it. Importantly, if either party fails to provide full disclosure and this comes to light later, it could potentially invalidate the Consent Order and lead to the case being reopened.
Step 3: Drafting the Consent Order
Once you have reached an agreement and completed financial disclosure, the next step is drafting the actual Consent Order. This document must be written in specific legal language to be acceptable to the court.
There are several options for drafting: using a specialist service like By Personal Touch, which offers fixed-fee assistance with drafting legally compliant documents; instructing a solicitor to draft the order based on your agreement; or using an online service that provides templates and guidance.
The Consent Order must include precise details of your agreement, including property transfers, lump sum payments, pension-sharing arrangements, and any ongoing maintenance commitments.
It should also include a "clean break" clause, where appropriate, which ends all future financial claims between you.
The document must use specific legal terminology and follow a format that the court recognises.
The main body of the Consent Order details all the specific arrangements you've agreed upon.
This typically includes:
Property arrangements: How your family home and any other properties will be dealt with, including timescales for transfers of ownership or sales.
Lump sum payments: Any one-off payments to be made between parties, including the amount, date due, and whether they are to be paid in instalments.
Spousal maintenance: If ongoing maintenance is to be paid, the order will specify the amount, frequency, start date, end date, and any circumstances that might trigger a review (such as retirement or cohabitation).
Child maintenance: While the Child Maintenance Service typically handles child maintenance, you can include agreed arrangements in your Consent Order if you prefer, though these may not be as easily enforceable as other aspects.
Pension provisions: Detailed instructions on how pensions will be shared, which will require additional forms (described later).
Division of other assets: How other significant assets like investments, business interests, and valuable personal possessions will be divided.
Debt responsibilities: Clear statements about who will take responsibility for any joint debts.
The "clean break" clause: This critical section states that neither party can make any further financial claims against the other in the future, providing certainty and closure.
The Consent Order must be written in precise legal language, which is why many people opt for professional help with this stage. By Personal Touch specialises in translating straightforward agreements into the legally required format without introducing unnecessary complexity.
Step 4: Preparing the Supporting Documents
In addition to the Consent Order itself, you will need to prepare several other important documents:
Form A: This is the application for a financial order. When submitted alongside a draft Consent Order, it's known as an "application by consent." Form A initiates the court process and indicates which financial orders you are seeking (such as property adjustment, lump sum payments, or pension sharing). The form requires basic information about both parties and the status of divorce proceedings. You'll need to include the case number from your divorce proceedings and indicate that you're applying for the order by consent.
Statement of Information Form (Form D81): This is a crucial document that summarises both parties' financial positions and the proposed settlement. It helps the judge understand the context of your agreement without requiring you to attend court. Form D81 requires comprehensive information about:
Your ages and occupations
The length of your marriage/civil partnership
Details of any children and their living arrangements
A summary of your income (salary, benefits, investment income)
Details of all assets (property, savings, investments)
Information about all liabilities (mortgages, loans, credit cards)
The current and proposed housing situations for both parties
An explanation of how the proposed settlement was reached and why it's considered fair
Both parties must sign the D81 to confirm the information is accurate. Providing thorough, accurate information here is essential, as the judge relies heavily on this document when deciding whether to approve your order.
Pension Sharing Annex (Form P1): If your agreement includes pension sharing, you'll need a separate Form P1 for each pension to be shared. This technical document instructs the pension provider on how to divide the pension. You'll need:
The full name and address of the pension scheme
Policy or membership numbers
The name of the pension holder (the transferor)
The name of the receiving party (the transferee)
The percentage or amount of the pension to be transferred
Whether the receiving party will remain in the same pension scheme or transfer to a new one
You may need to obtain information directly from the pension provider to complete this form accurately. Many pension providers have their own specific requirements for implementing pension sharing orders, so it's advisable to contact them early in the process.
Form P45: For some pension schemes, particularly government or civil service pensions, you'll need to complete additional forms with scheme-specific information. Form P45 is required for sharing Armed Forces Pensions, for example.
If your agreement includes transferring ownership of a property, you may also need to prepare a TR1 form (Land Registry transfer form), although this is typically completed after the Consent Order is approved and via a conveyancing solicitor for an additional cost.
Step 5: Submitting Documents to the Court
Once all documents are prepared, they must be submitted to the Family Court along with the court fee (currently £60 as of 2025). You should submit:
The draft Consent Order (signed by both parties)
Form A
Form D81 (signed by both parties)
Any pension sharing annexes (Form P1)
The court fee payment
By Personal Touch can help identify the correct submission address based on your case details and ensure all documents reach the right destination.
You can submit the documents by post or, increasingly, through the online portal if you're using the digital divorce service. When submitting by post, it's advisable to use a tracked delivery service so you have proof of submission.
Step 6: Judicial Consideration
After submission, a judge will review your Consent Order and supporting documents without you needing to attend court. This is known as "consideration on paper" and typically happens in the judge's private chambers. The judge's primary concern is whether the agreement is fair and reasonable to both parties.
The judge will consider several factors when reviewing your order, particularly:
The welfare of any children under 18, which is the court's first consideration; Whether the agreement meets both parties' housing and income needs; If the division of assets is proportionate given the length of the marriage and other factors; Whether both parties have received adequate disclosure to make informed decisions; If there are provisions for future changes in circumstances, such as retirement; Whether any party appears to be under duress or at a significant disadvantage.
The length of marriage is particularly relevant; in shorter marriages, the judge may expect a division closer to what each brought in, while longer marriages typically lead to more equal divisions. The judge will also look more carefully at the division if there is a significant disparity in income or earning capacity.
The judge has three possible responses after reviewing your documents:
Approve the order as drafted, in which case it will be sealed (made official) and returned to both parties.
Request additional information or clarification before making a decision. This might happen if the judge spots inconsistencies or has concerns about whether the agreement is fair. They may send a list of questions that need to be addressed before they'll approve the order.
Reject the order if they believe it is unfair, impractical, or not in line with legal requirements. This is relatively rare for genuinely agreed orders where proper disclosure has taken place, but it can happen if the judge believes one party is at a significant disadvantage.
Most consent orders that represent genuinely agreed settlements following proper disclosure are approved without issue. By Personal Touch's experience with a plethora of successful applications means they understand what judges look for and how to present agreements in a way that addresses potential concerns upfront.
Step 7: Receiving the Sealed Order
If the judge approves your Consent Order, the court will "seal" it (make it official) and return copies to both parties or their representatives. The Consent Order becomes legally binding after your divorce is finalised with the Decree Absolute/Final Order.
The sealed order will have the court stamp and date on it, confirming it is now a formal court order. You should keep this document safely as it's the official record of your financial settlement. Each party should receive their own copy, and additional copies will be sent to any pension providers named in pension sharing orders.
If pension sharing is involved, the sealed pension sharing annex becomes the instruction document that pension trustees must follow. The court will send sealed copies directly to the pension providers listed in the annexes, but it's good practice to follow up with the pension companies to ensure they've received the order and understand what they need to do.
Step 8: Implementing the Order
Once the Consent Order is sealed, you must follow through with the agreed terms according to the timeframes specified in the document. Implementation varies depending on what's included in your order:
Property transfers: If one party is taking sole ownership of a property, a solicitor or licensed conveyancer will need to handle the transfer using the TR1 form. This process requires mortgage lender consent if there's an outstanding mortgage, and the lender may require the mortgage to be refinanced in the sole owner's name. The transfer must be registered with the Land Registry to complete the process.
Property sales: If the family home is to be sold, both parties need to cooperate with the sale process, including agreeing on an estate agent, sale price, and accepting reasonable offers. Once sold, the proceeds are divided as specified in the order.
Lump sum payments: These should be made by the date specified in the order. It's advisable to use bank transfers that create a clear paper trail rather than cash. Keep records of all payments made and received.
Pension sharing: The implementation of pension sharing orders is handled by the pension providers themselves. Once they receive the sealed order, they have a statutory time limit (usually four months) to implement the share. The process typically involves:
The pension provider acknowledging receipt of the order
Internal calculations to determine the exact value of the share
Creation of a new pension arrangement for the receiving party or transfer to their existing scheme
Confirmation to both parties once the transfer is complete
The pension sharing process can take several months, particularly for complex schemes like final salary pensions. During this time, it's important to maintain contact with the pension provider and respond promptly to any requests for additional information.
Spousal maintenance: If ongoing maintenance is part of your agreement, it should begin on the date specified in the order. Setting up a standing order ensures payments are made regularly and creates an automatic record. Keep in mind that maintenance orders may need to be reviewed if circumstances change substantially.
Debt separation: Joint debts should be separated as agreed, which might involve closing joint accounts, refinancing loans in a single name, or making final payments to clear balances. Notify creditors of the changes to ensure they update their records.
Throughout the implementation phase, clear communication between both parties is essential to ensure the smooth execution of the agreement. Keep records of all actions taken and communications related to implementing the order. If there are delays or issues, addressing them promptly and cooperatively helps avoid unnecessary conflict or legal complications.
It's important to note that once a Consent Order is sealed by the court, it is legally binding. Failure to comply with its terms can result in enforcement proceedings, which might include:
An order for payment of any outstanding amounts
Attachment of earnings, where payments are taken directly from wages
Charging orders against property
In extreme cases, committal to prison for contempt of court
By Personal Touch can provide guidance on implementation issues and help resolve any complications that arise during this phase, ensuring the transition to your post-divorce financial arrangements proceeds as smoothly as possible.
Special Considerations for Pension Sharing
Pension sharing deserves special attention as it's often the most complex aspect of a financial settlement. When a pension is shared, a percentage of one person's pension fund is transferred to the other person, creating a clean break. This differs from pension offsetting (where the pension holder keeps their pension, but the other spouse receives more of other assets) and pension attachment orders (where the non-pension-holding spouse receives a portion of pension payments when they start).
The pension-sharing process requires several specific steps:
Getting pension valuations: Before any agreement can be reached, you'll need up-to-date Cash Equivalent Value (CEV) figures for all pensions. For defined contribution schemes, this is relatively straightforward—it's the current fund value. For defined benefit (final salary) schemes, the CEV is a calculation of what the future benefit is worth now, which can be complex. You can request a CEV from your pension provider, which they must provide free of charge once in a 12-month period. Additional requests may incur fees.
Determining the appropriate share: The percentage share must be carefully calculated based on the couple's overall financial situation. This often requires input from a financial advisor or pension actuary, particularly for complex pensions. The calculation takes into account factors like the length of the marriage, when the pension was accumulated, and the needs of both parties.
Completing Form P1 (Pension Sharing Annex): A separate Form P1 must be completed for each pension to be shared. This form requires detailed information about the pension scheme and the specifics of the share. Common challenges include:
Ensuring the scheme details are exactly correct (even small errors can cause delays)
Specifying whether the receiving party will remain in the same scheme (internal transfer) or move to a new one (external transfer)
Deciding who pays any charges imposed by the pension provider for implementing the share
Additional scheme-specific forms: Many pension providers have their own forms that must be completed alongside the court documents. For example, NHS Pensions, Teachers' Pensions, and civil service schemes all have specific requirements. These should be obtained directly from the pension provider early in the process.
Implementation timeline: Once the sealed order reaches the pension provider, they typically have four months to implement the share. However, the process often takes longer, particularly for public sector schemes. During implementation, the pension provider will:
Calculate the exact value to be transferred based on the percentage in the order
Create a new pension arrangement for the receiving party if necessary
Complete the actual transfer of funds
Send confirmation to both parties once complete
Tax considerations: Pension sharing has tax implications that should be considered. The receiving party will get a pension fund that will eventually be subject to income tax when benefits are taken. There may also be lifetime allowance considerations for very large pension pots.
Death benefits: After a pension share, it's important for both parties to review the nomination of beneficiaries for death benefits associated with their pensions, as the divorce and pension sharing will invalidate previous nominations.
Timeframes for the Complete Process
The entire process typically takes between 8 and 16 weeks from submission to receiving the sealed order, though this can vary depending on the court's workload and the complexity of your case. Here's a more detailed breakdown of typical timeframes:
Preparation phase (4-8 weeks): This includes reaching agreement, gathering disclosure, and preparing all the necessary documents. The time required depends largely on how quickly both parties can gather information and reach a consensus.
Court processing (6-12 weeks): Once submitted, the time for court processing depends on the current backlog at the specific divorce centre handling your case. Regional variations can be significant, with some courts processing applications in as little as 4 weeks while others may take 16 weeks or more during busy periods.
Implementation phase (varies widely): After receiving the sealed order, implementation timeframes vary by element:
Property transfers typically take 4-8 weeks to complete through Land Registry
Lump sum payments may be immediate or scheduled for specific dates
Pension sharing implementation can take 4-16 weeks, sometimes longer for complex schemes
Services like By Personal Touch can help streamline the process, potentially reducing the timeline. Their experience means they can prepare documents that are less likely to be queried by the court, and they know how to follow up effectively if delays occur.
Costs and Fee Structures
The costs of obtaining a Financial Consent Order vary depending on the approach:
Court fee only (£60), plus any fees for pension valuations or property valuations. While this is the cheapest option financially, it carries significant risk if the order isn't drafted correctly or doesn't cover all necessary aspects. Mistakes could lead to the order being rejected or, worse, failing to provide the protection intended.
Online services: DIY approach: £229.00 with By Personal Touch, everything you need to complete your Financial Consent Order yourself, saving thousands in legal fees while ensuring your financial settlement is legally protected.
This exclusive, comprehensive kit contains everything you'll need to complete your financial consent order ready for court submission. Created by legal professionals with years of experience in family law, our kit gives you the confidence to handle this crucial legal process yourself, with clear guidance at every step.
By Personal Touch (full service): Fixed fee covering drafting and court submission, a fixed fee including all documentation preparation, and support throughout the process. This represents excellent value given the complexity of adequately drafting consent orders and the significant financial implications of getting it wrong.
By Personal Touch offers a transparent, fixed-fee service that covers the entire process from drafting to submission, with no hidden costs or hourly rates. Their approach provides certainty about costs upfront while ensuring expert handling of your case.
Traditional solicitors: Typically £1,500-£3,000+ depending on complexity, often with hourly rates around £250. This can escalate quickly if there are complications or if the solicitor needs to spend time gathering information or explaining options.
Common Questions About Financial Consent Orders
Can I change a Consent Order after it's approved?
Once a Consent Order is approved by the court, it is very difficult to change. You can only vary it in very limited circumstances, such as a significant change in circumstances that could not have been foreseen when the order was made.
Examples might include:
Serious illness or disability affecting earning capacity
Substantial inheritance that significantly changes the financial landscape
Major changes to pension legislation that fundamentally alter the value of a pension share
For parts of the order that have already been implemented, such as property transfers or lump sum payments already made, these almost always remain final. Maintenance provisions are somewhat easier to vary if circumstances change substantially.
This finality is why it's crucial to carefully consider the agreement before submitting it to court. By Personal Touch always recommends taking time to think through all possible future scenarios before finalising your order.
What if circumstances change after the Consent Order?
If your order includes ongoing maintenance payments, these sections can sometimes be varied if there's a substantial change in circumstances. Either party can apply to the court for a variation if, for example, the paying party loses their job or the receiving party significantly increases their income.
Capital settlements (property, lump sums, pensions) are almost always final and cannot be changed, regardless of future circumstances. This clean break principle is one of the key benefits of a Consent Order, providing certainty for both parties.
If your original order included a "nominal maintenance" provision (very small payments, often £1 per year), this keeps open the possibility of applying for substantive maintenance in the future if circumstances change dramatically. This approach is sometimes used when there are young children and future financial needs are uncertain.
What if my ex-partner doesn't comply with the Consent Order?
If your ex-partner fails to comply with the terms of a sealed Consent Order, you can apply to the court for enforcement. The specific enforcement mechanism depends on what aspect of the order is being breached:
For unpaid lump sums or maintenance, you can apply for:
A judgment summons requiring them to explain to the court why they haven't paid
An attachment of earnings order, where payments are taken directly from their wages
A charging order against property they own
A third-party debt order to recover money from their bank account
For property transfer issues, you can seek:
A specific performance order compelling them to complete the transfer
Authorisation for another person to sign documents if they refuse
For pension sharing non-compliance, the court can communicate directly with pension providers to ensure implementation.
Enforcement applications have their own court fees and procedures.
Do we need a Consent Order if we have no assets?
Even if you have limited assets now, a Consent Order with a clean break clause is highly advisable as it prevents future claims should either party's financial situation improve significantly.
Without a clean break order, an ex-spouse could potentially claim against:
Future inheritance you might receive
Business success or career advancement
Lottery or premium bond winnings
Compensation payouts
Future property assets
The relatively small cost of obtaining a clean break Consent Order provides lifelong protection against such claims. By Personal Touch frequently handles clean break orders for couples with minimal assets who want the security of knowing their financial ties are completely severed.
How does a Consent Order affect children's financial support?
Child maintenance arrangements can be included in a Consent Order, but they are not automatically enforceable through the court in the same way as other provisions. The Child Maintenance Service (CMS) has primary jurisdiction over child maintenance.
However, including child maintenance in your Consent Order can still be valuable as it documents your agreement and intentions. If the paying parent fails to comply, the receiving parent can either:
Enforce through the CMS, which may calculate a different amount based on their formula
Apply to the court for enforcement if the maintenance agreement was intended to address specific needs that exceed standard CMS calculations
Child maintenance arrangements in a Consent Order can be reviewed regardless of the clean break provisions for the adults, as the law recognises that children's needs change over time.
What happens to debts in a Consent Order?
Your Consent Order should clearly state who will be responsible for any joint debts. However, it's important to understand that while this agreement is binding between you and your ex-partner, it doesn't automatically change your legal obligations to creditors.
For example, if you have a joint mortgage or loan and your Consent Order states your ex-partner will take responsibility for it, the lender can still pursue you if they fail to make payments. This is because the Consent Order doesn't override your contract with the lender.
To fully protect yourself, you should:
Arrange for joint accounts to be closed or transferred to sole names
Contact creditors to inform them of the divorce and the agreement
Where possible, refinance joint debts into the sole name of the responsible party
By Personal Touch can advise on the best approach to debt separation in your specific circumstances and ensure your Consent Order includes appropriate protections.
Getting Help with Your Financial Consent Order
While it's possible to handle the entire process yourself, getting expert help ensures your Consent Order is drafted properly and reflects your agreement accurately.
Services like By Personal Touch offer a middle ground between expensive traditional solicitors and risky DIY approaches, providing expert guidance through the entire process while keeping costs manageable.
By Personal Touch specialises in assisting couples who have reached an agreement but need help navigating the legal process.
Their service includes:
Comprehensive review of your agreement to ensure it addresses all necessary aspects
Translation of your agreement into a proper legal format acceptable to the court
Preparation of all required forms, including Form A, D81, and any pension annexes
Follow up if there are any queries or delays
Guidance on implementing the order once approved
With many couples successfully helped through this process, their team understands the common pitfalls and how to avoid them. Their fixed-fee approach provides certainty about costs while ensuring expert handling of your case.
Remember that a Financial Consent Order provides long-term security and closure, allowing both parties to move forward with their lives without the risk of future financial claims. Given its importance and the complexity of getting it right, it's worth investing in proper assistance to ensure it's done correctly the first time.
To begin the process with By Personal Touch, book a free 10-minute call through their website to discuss your situation and how they can help. Their expert team will guide you through each step, ensuring your financial settlement is formalised correctly and provides the clean break you need to move forward with confidence.
Comentários