Why You Need a Consent Order

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Many people mistakenly believe that their finances are automatically sorted during divorce proceedings. This isn't the case. Without a consent order, your financial ties remain open indefinitely, potentially leaving you vulnerable to future claims.

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The Clean Break Advantage

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A clean-break consent order severs all financial ties between you and your ex-spouse. This protection is crucial because:

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• It prevents future claims on any wealth you acquire

• It makes your financial agreement legally binding

• It provides peace of mind and security for both parties

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Real-Life Examples

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The Lottery Winner's Tale

Nigel Page won £54 million in the EuroMillions lottery a decade after his divorce. Without a consent order in place, his ex-wife successfully claimed £2 million from his winnings. The case demonstrates how the absence of a clean-break order can affect future wealth.

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The Green Energy Entrepreneur

Dale Vince and his ex-wife divorced in 1992 when they were living as new-age travellers. Twenty years later, after building a £107 million green energy empire, Mr Vince faced a successful claim from his ex-wife for £625,000 (including legal fees). The Supreme Court allowed the claim because their marriage's financial ties had never been legally severed.

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Getting a Consent Order: The Process

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When to Apply

You can apply for a consent order after your divorce proceedings have begun.

 

​Requirements

To obtain a consent order, you need:

 

• Agreement on financial arrangements with your ex-spouse

• Full financial disclosure from both parties

• Court approval (£58 application fee)

• Legal drafting by a family law expert service like By Personal Touch (recommended)

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Common Questions

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Q: Do I need a consent order if we have no assets?
A: Yes, it's still advisable. A clean-break consent order protects your future assets and income.

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Q: Can child maintenance be included?
A: Yes, but it's only legally binding for 12 months. After this, the Child Maintenance Service (CMS) has jurisdiction.

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Q: Can I get a consent order after divorce?
A: Yes, you can apply at any time after divorce, though it's best to arrange it before the decree absolute.

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Reaching Financial Agreement

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There are several paths to agreeing on the contents of your consent order:

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1. Direct Agreement

• Suitable for simple finances

• Both parties should seek independent legal advice

• A solicitor should draft the final order

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2. Divorce Negotiation

• Works well for mostly-agreed arrangements

• One expert helps finalise details

• Cost-effective compared to separate solicitors

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3. Family Mediation

• Required by courts before litigation

• Involves full financial disclosure

• Typically more affordable than court proceedings

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4. Independent Barrister Review

• Provides expert opinion on likely court outcomes

• Helps avoid costly court proceedings

• Can form basis for negotiation

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5. By Personal Touch

• Fixed fee for both parties

• Typically cheaper than high street solicitors

• Easy-to-use, stress-free online portal streamlines the process

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Costs and Timeframes

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Typical Costs​

 

• Court fee: £58 (for parties who agree by consent)

• Solicitor drafting fees: £1400-£4,000+

• By Personal Touch fees: fixed fee for both parties; £585 for Financial Consent Order, £678 including Pension Sharing

• Mediation packages: Around £700-£800 per person (including VAT and court fees)​
   

Timeline

 

• Current court processing time: Approximately 6 weeks

• Total process if both parties decide to have court intervention and file an application: Can take up to 18 months

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Protecting Your Agreement

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While awaiting court approval, you can:​

 

• Use a memorandum of understanding for interim arrangements

• Consider a deed of separation

• Seek legal advice on temporary protective measure

• You can sign and date the Fiinancial Consent Order prior to the Conditional Order being granted, and rely on the draft Order while waiting to be sealed (preferred)
   

Final Considerations

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• Always seek independent legal advice before finalising

• Consider mediation for cost-effective dispute resolution

• Remember that child maintenance and spousal maintenance are treated differently

• Keep all financial documentation accessible

• Be honest in financial disclosure to avoid future complications

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Getting a consent order is an essential step in securing your financial future after divorce. While it requires an initial investment of time and money, the long-term protection it provides is invaluable. Without one, you remain financially vulnerable to future claims, regardless of how amicable your divorce may be.