Getting divorced is only one part of the process. While it legally ends the marriage, it doesn’t automatically resolve financial ties between you and your former partner. That’s where a Consent Order comes in. If you’re already divorced and wondering whether you need one, this guide outlines what a Consent Order does, how it works with divorce mediation and why it’s often necessary even after the final order has been granted.
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What Is a Consent Order?
A Consent Order is a legally binding document approved by the court. It sets out how you and your ex-partner have agreed to divide your finances after divorce. This may include:
- Property
- Savings and investments
- Pensions
- Debts
- Spousal maintenance
Once the court approves the order, neither party can make further financial claims in future. Without one, there’s no legal closure.
Is the Divorce Itself Enough?
No. A divorce ends the legal relationship but not the financial responsibilities between you. Unless a court approves your financial settlement, claims can still be made later even years after the divorce. Even if you’ve agreed everything informally, you’re still financially tied in the eyes of the law.
Where Divorce Mediation Comes In
If you haven’t resolved your finances or you’ve only reached a verbal agreement, mediation is a good next step. It provides a neutral setting where both parties can:
- Discuss financial matters openly
- Work towards a fair solution with a trained mediator
- Avoid unnecessary legal costs
Agreements made in mediation can be used to apply for a Consent Order, making the outcome both fair and legally secure.
Why Apply for a Consent Order Post-Divorce?
Even if your divorce is final, there are solid reasons to apply for a Consent Order:
- Prevent future financial claims
- Legalise any informal agreements
- Handle pension sharing (which requires court approval)
- Finalise responsibilities for debt or spousal support
If you’ve acquired new assets or remarried, not having one leaves you vulnerable.
What If We Can’t Agree?
If discussions break down, divorce mediation can help. A neutral mediator facilitates practical conversations and helps find common ground. If that fails, court remains an option but mediation should be your first route.
How to Apply for a Consent Order
Once you’ve reached an agreement:
- Ask a solicitor to draft the Consent Order
- Complete a Form D81 (financial disclosure)
- Submit both to the court
- A judge will review and approve if the arrangement is fair
Attendance in court is usually not required and the process takes a few weeks.
When Should You Apply?
You can submit a Consent Order after receiving your conditional order (formerly decree nisi) and it comes into effect once the divorce is final (formerly decree absolute). If you’re already divorced, you can still apply but it’s better to do so sooner rather than later.
Make Sure You’re Protected
A divorce doesn’t automatically close the door on financial obligations. A Consent Order ensures your agreement is final and legally recognised, helping you avoid future uncertainty.
At Family Law Mediation, we work with separating and divorced couples to resolve financial issues through straightforward, practical mediation. If you need help turning your agreement into a Consent Order or aren’t sure where to begin we’re here to help. Book your free consultation today and get clarity on your next steps.
