Consent orders — sealing your agreement without going to court
REVIEWED BY: Sean McNamara on 2026-08-29
What a consent order does
A consent order turns a private agreement between separating partners into a binding court order — without the need for a contested hearing. Once sealed, both parties are legally bound by its terms. Neither can make a future claim against the other (if it's a clean break).
Why you need one (even if you agree)
- Protection from future claims: without a consent order, your ex can bring a financial claim against you years after the divorce
- Banks and the Land Registry act on it: property transfers and mortgage releases are enforceable
- It protects both sides: agreed terms can't be unilaterally rewritten later
What goes in a consent order
- How the family home is dealt with (transfer, sale, mesher)
- How savings and investments are divided
- How pensions are dealt with (sharing order, offsetting, or neither)
- Spousal maintenance (or a clean break — no ongoing payments)
- Who is responsible for debts
- Chattels (furniture, cars, possessions)
What the court needs to approve it
1. The draft consent order (usually drafted by a solicitor) 2. A completed D81 — statement of information (see our D81 guide) giving a brief summary of both parties' financial position 3. The court checks it is fair — needs met, disclosure given, no one left destitute 4. The divorce/dissolution must have reached at least the conditional order stage
The fee
- £58 for a consent order (2024/25 rates)
- EX160 fee waiver may apply — see our EX160 guide
Do you need a solicitor?
- The order should ideally be drafted by a solicitor — errors can be costly
- You can draft it yourself, but the court checks it is fair, and a badly drafted order can be rejected or cause problems later
- Unbundled legal help (see our guide) is a cost-effective middle ground
Common mistakes
- Not doing a D81 (the court will reject the application)
- Agreeing to a split that doesn't meet children's needs (the court will challenge it)
- Not covering pensions at all
- Trying to include child maintenance (that's for the CMS — see our CMS page)
- Forgetting to transfer the family home at the Land Registry after the order
Official links
- Consent orders: https://www.gov.uk/money-property-when-relationship-ends
- Form D81: https://www.gov.uk/government/publications/form-d81-statement-of-information-for-a-consent-order-in-agreement-for-a-financial-order
This page is general information, not legal advice. YourFamilyCase.co.uk is an independent information directory and is not affiliated with HMCTS or gov.uk.
Content verified against the official HMCTS court directory, gov.uk forms and fees pages, and the professional body registers (SRA, FMC, Bar Council). Last reviewed September 2026.