Consent Orders and Formalising Agreements: Making Your Family Arrangements Binding

Last reviewed: 31 August 2026. Informational only — not legal advice.

Why a written agreement isn't enough

If you and your ex agree arrangements — for children, money, or property — that agreement is, on its own, not legally binding. People change their minds, circumstances shift, and a handshake or even a signed mediation Memorandum of Understanding cannot be enforced. A consent order turns your agreement into a court order with the same force as if a judge had decided it after a trial.

What a consent order is

A consent order is a court order by agreement. Both parties sign the draft, the judge reviews it, and — if it is fair and lawful — seals it without anyone attending court. It can cover:

Child arrangements ("lives with" / "spends time with" orders, holidays, handovers)
Financial matters on divorce: property transfers, lump sums, pensions, spousal maintenance, and — critically — a clean break clause cutting off future claims
Combined orders covering both children and money

When to use one

After successful mediation (take the Memorandum of Understanding to a solicitor to draft the order).
After negotiation through solicitors or direct discussion.
After a roundtable meeting where both sides and lawyers meet to settle.
At any point in court proceedings — most cases that settle do so as a consent order at the FHDRA or IRH (see the hearing types guide).

Child arrangements consent orders: what to know

Terms must serve the child's welfare — a judge can and does refuse orders that don't.
Be precise: "alternate weekends from Friday 5pm to Sunday 5pm, half of all school holidays alternating Christmas/Easter each year, video calls Wednesday and Sunday 6pm" — vagueness invites future disputes.
Orders for children are typically expressed to last until the child turns 16 and can be varied later with the court's permission if circumstances genuinely change.
A "lives with" order also confers the right to take the child abroad for up to 28 days a year without the other parent's consent (unless the order says otherwise).

Financial consent orders on divorce

This is where consent orders matter most. Without one, an ex-spouse can bring financial claims years after divorce (there is no time limit). A financial consent order should:

Divide assets (house, savings, pensions, contents) and deal with any debts
Address maintenance (or rule it out)
Include a clean break clause
Be accompanied by a Statement of Information (form D81) setting out both parties' finances so the judge can check fairness

Full and frank financial disclosure from both sides is essential — an order obtained by hiding assets can be set aside.

How to apply

Children cases: file the agreed draft (order plus a short recital of background) with the court on the relevant application form; no fee for consent orders about children.
Financial cases: use Form D81 (Statement of Information) plus the draft consent order; a court fee currently applies (check GOV.UK).
Self-representing parties can file themselves, but for financial orders most people spend a modest fixed fee on a solicitor to draft — errors in financial orders are expensive to fix.

Varying or enforcing later

Non-compliance with a consent order can be enforced by the court (enforcement applications, activity directions, and in serious cases penalties).
Changes: apply to vary the order — courts require a material change in circumstances; they won't reopen an order just because someone is dissatisfied.
Financial orders are generally final; variation is limited mainly to maintenance.

Common mistakes

Divorcing without a financial order "to save money" — the risk is a future claim.
Vague child arrangements ("reasonable contact").
Nondisclosure in financial orders.
Using the family home transfer without checking mortgage lender consent and stamp duty position.

Related guides

Sources: Matrimonial Causes Act 1973 Part II; Children Act 1989 Sch.1; FPR 2010. Fees and forms change — check GOV.UK and HMCTS before filing.