OLS Solicitors Blog
Why You Need a Consent Order After Divorce – And the Risks of Not Getting One
Why Obtaining a Consent Order Is Crucial in a Divorce
When a marriage ends, sorting out your financial settlement is the point in the divorce process that protects you long-term. Even if you and your ex-spouse agree everything between yourselves, that agreement is not properly “finished” unless it is approved by the court.
A Consent Order is the document that turns your agreement into a legally binding agreement between two parties. It is the main way to close off future claims and give you certainty.
What is a Consent Order?
A Consent Order is a court order that sets out an agreement between spouses on how to split their assets and liabilities on divorce. Once approved by a judge, it becomes legally enforceable.
It can deal with:
- Property (including the family home)
- Savings and investments
- Pensions (including pension sharing)
- Debts and liabilities
- Spousal maintenance (where appropriate)
- A clean break (where appropriate)
The Biggest Risk: Your Finances Stay “Open” Without a Consent Order
One of the most common misunderstandings we see is that once the divorce is finalised, the finances are automatically finalised too. They are not.
Without a Consent Order, your finances remain open. That means either of you may be able to bring a financial claim later, even years after the divorce has completed. In practical terms, your divorce financial settlement is not fully protected unless it is sealed by the court.
Risk 1: Informal Agreements Are Not Enforceable
You might have a written agreement, emails confirming what you both agreed, or a friendly “we’ll do it this way” arrangement. But without a Consent Order, it may not be enforceable in the way people assume.
If one person changes their mind later, the other may have to start again and ask the court to decide. That can turn a simple agreement into a costly dispute.
Risk 2: Later Changes in Money or Circumstances Can Trigger Claims
Life changes. Someone gets an inheritance. A business takes off. A pension grows. A new relationship starts. Circumstances shift.
Without a Consent Order, these changes can become a trigger for new claims. Even if you divorced amicably, future regret or financial pressure can cause one party to revisit the past.
Risk 3: Pensions and “Hidden Value” Often Get Missed
People commonly focus on the house and savings, but pensions are often one of the largest assets in a marriage. A Consent Order allows pensions to be dealt with properly, including where there may be a pension sharing order.
It also helps ensure that other assets aren’t overlooked, such as shares, bonuses, business interests, or assets held without obvious paperwork.
Risk 4: You May Not Get a Clean Break Unless It Is Ordered
Many people want a clean break so that neither person can make financial claims in the future. A clean break is not automatic. It must be set out in a court order.
If you want certainty, the right document is a Consent Order that includes the correct clean break clauses (where appropriate for your situation).
How to Obtain a Consent Order
In most cases, the process follows a clear timeline:
- You both agree a financial outcome (even if it’s a simple split).
- Financial disclosure is completed (so the court can see the agreement is fair).
- The Consent Order is drafted in the correct legal format.
- The documents are submitted to the court with the relevant fee.
- A judge reviews the paperwork and, if satisfied, approves the order.
Why Legal Advice Matters
A Consent Order needs to be drafted properly. If it is vague, incomplete, or doesn’t cover important issues, it can be rejected or leave you exposed later.
Legal advice helps ensure:
- Your agreement is correctly recorded and enforceable
- The court has the right information to approve it
- Important assets (like pensions) are not missed
- The order achieves a clean break where suitable
Final Thought: A Consent Order Is the Safest Way to Protect Your Future
If you want to properly close off financial claims following divorce, a Consent Order is the key step. Without it, the agreement you reached may not provide the protection you think it does.
If you would like help preparing a Consent Order, our family law team at OLS Solicitors can guide you through the divorce financial settlement process and ensure your agreement is turned into a court-approved order you can rely on.
