Financial Consent Order Solicitors

Reaching a financial agreement with your ex-partner is a significant step, but it does not give you full legal protection unless it is recorded properly and approved by the court. A financial consent order turns that agreement into a legally binding court order, giving you certainty over money, property, pensions, maintenance and future claims.

At JMW, our family law solicitors help you move from agreement to formal protection. We draft and advise on financial consent orders that reflect your individual circumstances, whether your arrangements are straightforward or involve property, pensions, business interests, trusts or ongoing spousal maintenance.

We understand that, once an agreement has been reached, you will want the process handled clearly and efficiently. Our role is to ensure the draft consent order is accurate, supported by the right financial disclosure and presented to the family court in a way that helps avoid unnecessary delay or future disputes.

To speak to our family law team in confidence, call 0345 872 6666 or complete our online enquiry form to arrange a call at a time that suits you.

How JMW Can Help

A financial consent order should do more than record the broad terms of an agreement. It needs to be clear, workable and drafted in a way that gives both parties certainty once it has been approved by the court.

At JMW, we help clients turn agreed financial arrangements into properly structured consent orders. We focus on making sure the order reflects what has been agreed, deals with the necessary legal detail, and reduces the risk of uncertainty or future disputes.

Our family law team can provide tailored legal advice on:

• Reviewing the financial agreement reached with your ex partner
• Drafting a financial consent order in clear, enforceable terms
• Preparing the statement of information form required by the family court
• Advising on full financial disclosure before the order is submitted
• Clean break clauses to dismiss future claims where appropriate
• Arrangements involving the family home, savings, investments and joint assets
• Pension sharing, lump sum payments and cash lump sum arrangements
• Spousal maintenance and the distinction between this and child maintenance
• Business interests, trusts, overseas assets and other complex financial assets
• Reviewing pre-nuptial and post-nuptial agreements and using them as the basis for a consent order where appropriate
• Responding if the court asks questions or raises concerns about a draft consent order

This work often requires careful drafting rather than lengthy court proceedings. Our role is to identify where the agreement needs greater clarity, where the court may need further information, and whether the terms of the agreement are fair and properly protect your position.

Our family law team includes more than 40 specialist lawyers across Manchester, Liverpool and London. We regularly advise on consent orders ranging from straightforward clean break arrangements to high-value financial settlements involving pensions, property, business interests and international assets.

The team is recognised by the Legal 500, Chambers & Partners and Spear’s 500 for its work in complex family finance matters. That experience allows us to provide practical, focused advice before the agreement is made legally binding.

Meet the Team

Our family law team advises on financial consent orders following divorce and civil partnership dissolution, helping clients formalise financial agreements, protect against future claims and move forward with certainty.

What is a financial consent order?

A financial consent order is a court-approved legal document that records the financial agreement reached between divorcing spouses or civil partners. Once approved and sealed by a judge, it becomes a legally binding document.

This financial agreement for divorce can set out how money, property, pensions and other financial assets will be dealt with after divorce or civil partnership dissolution. This may include the sale or transfer of the family home, pension sharing, lump sum payments, spousal maintenance, business interests, or clean break terms that dismiss future claims.

A financial consent order gives both parties a clear framework for what has been agreed. It confirms what each person must do, when those steps must be taken, and how the agreement will take effect. This helps reduce uncertainty and provides protection if one party does not comply with the terms.

It can also be used to formalise arrangements that were first recorded in a separation agreement or nuptial agreement, provided those terms remain appropriate when divorce proceedings or civil partnership dissolutions take place. A solicitor can review the agreement, prepare the draft consent order and ensure the final document reflects the financial settlement accurately.

For many couples, a financial consent order is the most practical way to bring financial matters to a clear and legally binding conclusion after reaching agreement with an ex-partner.

What Can a Financial Consent Order Include?

A financial consent order can be tailored to the financial agreement reached between you and your ex-partner. The terms will depend on your assets, income, pensions, responsibilities and long-term financial needs.

A consent order may include arrangements for:

• The sale, transfer or retention of the family home
• Other property, including investment properties or overseas assets
• Savings, bank accounts and investments
• Pension sharing
• Lump sum payments or a cash lump sum
• Spousal maintenance
• Business interests or shares in a company
• Trust interests
• Responsibility for debts
• Timing of payments, transfers or other steps
• Clean break terms to dismiss future financial claims

The order should be drafted with enough detail to avoid uncertainty later. For example, if a property is being sold, the order should explain how the sale will be managed, how costs will be dealt with and how the proceeds will be divided. If a lump sum is being paid, it should set out the amount, deadline for payment and what happens if payment is delayed.

Child maintenance is usually dealt with separately through the Child Maintenance Service. However, the wider financial settlement may still take account of school fees or other agreed financial support for children where appropriate.

How to Apply for a Financial Consent Order

You can apply for a financial consent order once divorce or dissolution proceedings have started and the conditional order stage has been reached. The financial agreement should already have been reached before the draft consent order is submitted to the family court.

The process usually involves:

• Confirming the terms of the financial agreement
• Preparing the draft consent order
• Completing the statement of information and providing the necessary financial disclosure
• Signing the required documents
• Submitting the documents to the family court with the court fee
• Waiting for a judge to review the order
• Responding to any questions raised by the court, if required

In most cases, neither party needs to attend court. The judge will review the draft consent order and the financial information provided before deciding whether to approve it.

A solicitor can guide you through the process, draft the order in the correct legal terms and ensure the agreement is presented clearly. This helps reduce the risk of the court asking for amendments or further information before approval.

Financial Disclosure and the Statement of Information

Before a financial consent order is submitted to the court, both parties should provide full financial disclosure. This allows each person to understand the other’s financial situation before the agreement is finalised.

The court will also require a statement of information form, which summarises each party’s finances. This is submitted alongside the draft consent order and gives the judge the information needed to assess whether the agreement is fair to both parties.

The statement of information includes details of:

• Income and earning capacity
• Property and mortgage arrangements
• Savings, investments and bank accounts
• Pensions
• Debts and liabilities
• Business interests
• Other financial assets
• Any ongoing spousal maintenance or child maintenance arrangements

Full financial disclosure is necessary because the court demands a reliable picture of each person’s circumstances before approving the order. If information is incomplete or inaccurate, the court will ask questions, request further details or may decline to approve the order until the position is clarified.

Clear disclosure also helps protect the consent order in the future. If one party later argues that important financial information was withheld or that there has been non-disclosure of assets, this may give rise to a claim to set aside the consent order, and for the terms of the agreement to be renegotiated based on the true financial picture.

How to Obtain Approval of a Financial Consent Order

A financial consent order must be approved by the family court before it becomes legally binding. The court will review the draft consent order and the statement of information to check that the agreement is clear and fair in light of both parties’ financial circumstances.

Court approval is not automatic. The judge may consider:

• Whether both parties have provided sufficient financial disclosure
• Whether the terms are clear and capable of being enforced
• Whether each person’s housing and financial needs have been considered
• Whether any children’s needs have been taken into account
• Whether any clean break terms are appropriate
• Whether any pension sharing, lump sum, property or maintenance arrangements are workable

If the judge is satisfied, the consent order will be approved and sealed. Once sealed, it becomes a legally binding document, and both parties must comply with its terms.

If the judge has concerns, the court may ask for clarification, request further information or require changes to the draft order. We can provide legal advice on any questions raised by the court and help amend the order so that it accurately reflects the financial settlement and gives you the protection you need.

Q

How much does a consent order cost?

A

The cost of a consent order will depend on the complexity of the financial agreement and the level of legal advice required. A straightforward clean break consent order will usually involve less work than an order dealing with property, pensions, business interests, trusts or ongoing spousal maintenance.

There will also be a court fee when the draft consent order is submitted to the family court. Currently, this is £60 - you can check the government guidance on family court costs here. We will explain the likely legal fees and court fee at the outset, so you understand the cost before work begins.

Q

How is a consent order enforced?

A

Once a consent order has been approved and sealed by a judge, it becomes legally binding. If one party does not comply, the other may be able to apply to the court to enforce the order.

Enforcement may be needed where an ex-partner fails to pay a lump sum, does not transfer property, misses spousal maintenance payments, or does not take a required step within the agreed timescale. The right approach will depend on the terms of the order and the nature of the breach.

Q

Can a consent order be changed?

A

Some parts of a consent order can be changed, but others are intended to be final. Spousal maintenance may be varied if there has been a significant change in financial circumstances.

Other terms, such as pension sharing, lump sum payments or property transfers, are usually more difficult to change once the consent order has been approved. It is important to take legal advice before signing any draft order, so you understand which terms are final and which may be capable of variation.

Q

What is a clean break clause?

A

A clean break clause dismisses future financial claims between the parties. Where appropriate, it can prevent either person from making further claims against the other’s income, capital, pensions or property after the consent order has taken effect.

A clean break may be immediate, or it may take effect after certain steps have been completed, such as payment of a lump sum or sale of the family home. It will not usually prevent child maintenance obligations, which are dealt with separately.

Q

What happens after a consent order is sealed by a judge?

A

Once a consent order is sealed by a judge, it becomes legally binding. Both parties must comply with the terms set out in the order.

The next steps will depend on the terms of the order. This may include paying a cash lump sum, transferring property, implementing pension sharing, making spousal maintenance payments, or completing a clean break. Your solicitor can explain the steps required and help ensure they are carried out within the agreed timescales.

Q

Do I need a solicitor to get a consent order?

A

You are not always legally required to use a solicitor, but it is strongly advisable. A consent order is a legal document and must be drafted properly so that it is clear, enforceable and capable of being approved by the court.

A solicitor can make sure the draft consent order reflects the financial agreement accurately, deals with future claims, and includes the right legal terms. This is especially important where the agreement involves property, pensions, business interests, spousal maintenance or unequal division of assets.

Q

What is the difference between a consent order and a separation agreement?

A

A separation agreement records arrangements made when a couple separates. It may cover money, property, children and practical arrangements, but it is not the same as a court-approved consent order.

A financial consent order is made within divorce or dissolution proceedings and becomes legally binding once approved by the family court. If you later divorce after entering into a separation agreement, the terms of that agreement may be used as the basis for a draft consent order, but they should be reviewed before being submitted to the court.

Q

What is the difference between a financial consent order and a financial order?

A

A financial order is the wider term for a court order dealing with financial matters after divorce or civil partnership dissolution. It may be made by agreement, or it may be made by a judge after contested financial proceedings.

A financial consent order is a type of financial order used where both parties have reached a financial agreement. The court is asked to approve the agreement and, once sealed, the consent order becomes legally binding.

Visit our dedicated page on financial orders to find out more.

Q

How long does it take for a consent order to be approved by the court?

A

Timescales vary depending on the complexity of the order and the workload of the family court. Preparing the draft consent order may take longer where the financial settlement includes pensions, property, business interests, trusts or detailed clean break provisions.

Once submitted, approval takes between 1-2 weeks depending on how quickly the court responds. It may take longer if the judge asks questions, requests further information or requires amendments to the draft order.