Financial Consent Order in Divorce

Turn Your Mediation Agreement into a Legally Binding Financial Order

Divorce is never easy, but finalising your finances doesn’t have to drag on. At Family Law Mediation, we help couples across the UK turn their agreed financial settlements into a court-approved financial consent order — a legally binding document that protects you both now and in the future. Whether your agreement involves spousal maintenance, pension sharing, property adjustment, or a clean break, our accredited mediators make the process simple, transparent, and cost-effective.

What Is a Financial Consent Order?

A financial consent order (sometimes called a financial order by consent) is a legal document that formalises the financial agreement reached between divorcing spouses or civil partners. Once approved by the court, it becomes final and enforceable.

  1. Pension sharing orders — dividing pensions fairly between parties.
  2. Lump sum or phased payments — providing financial support.
  3. Spousal maintenance  — with clear payment schedules.
  4. Property adjustment orders — settling ownership of the home or assets.
  5. Clean break orders  - preventing future financial claims and ending all financial ties..
  6. Child maintenance provisions - including how payments are calculated or scheduled.

So if you’ve already reached an agreement, this order makes it official — and legally secure.

Women Counselling a Client | Mediation Information & Assessment Meeting (MIAM)
Women Counselling a Client | Mediation Information & Assessment Meeting (MIAM)

Why a Financial Consent Order Matters?

Here’s the thing — your divorce alone doesn’t close the door on financial ties. Without a financial consent order, either party can make future claims, even years after the divorce.

A financial consent order approved by the court:

  1. Makes your financial agreement legally binding and enforceable.
  2. Creates a clean break where appropriate, ending financial ties.
  3. Covers pensions, maintenance, lump sums, property, and child support.
  4. Prevents future disputes and avoids costly litigation.
  5. Gives you peace of mind that your settlement will hold up in court.

It’s the safest way to protect your financial future after divorce.

How Our Financial Consent Order Service Works?

We keep the process clear, efficient, and supportive from start to finish.

Initial Review / MIAM

We assess your situation, financial disclosure, and eligibility for mediation or legal aid.

Mediation and Agreement

If you haven’t already, we will help you reach a fair settlement. Once agreed, we draft a Memorandum of Understanding summarising the outcome.

Drafting the Consent Order

Our mediators prepare your draft financial consent order (or clean break order) ready for court submission — covering maintenance, property, pensions, and child support.

Independent Legal Advice

Each party is encouraged to get independent advice from a family law solicitor to ensure fairness and compliance.

Submit to Court

We file the draft with the court for approval. The judge checks that the agreement is fair and reasonable.

Court Approval

Once approved, your financial consent order becomes legally binding — preventing future financial claims and providing lasting protection.

Who Should Apply for a Financial Consent Order?

You should consider applying if you:

  • Have agreed on how to divide finances after separation or divorce.
  • Want a clean break or agreed ongoing maintenance.
  • Want to avoid future financial claims.
  • Prefer a faster, cheaper alternative to going to court.
  • Need a formal record for pensions, property, or support payments.

Even if your assets seem modest now, a consent order ensures that future income, bonuses, or inheritances are protected. We believe in complete transparency.

Costs, Legal Aid and Payments

  • Typical fees: Depend on the complexity of your case and what’s included (pensions, property, etc.)
  • Legal aid: May be available if you meet the eligibility criteria — we’ll check this for you.
  • Court fees: payable when submitting your order; may vary depending on application type.
  • Payments accepted: Bank transfer or credit card.

We’ll give you a precise quote before you commit, so there are no surprises. Mediation and consent orders are almost always cheaper than court proceedings.

Why Choose Family Law Mediation?

➤ Accredited mediators working under Family Mediation Council standards

➤ Specialists in financial consent orders, clean breaks, and settlements.

➤ Close links with experienced family law solicitors for legal advice.

➤ Mediation is available in person or online via Zoom or Teams.

➤ Shuttle mediation for couples who prefer not to be in the same room.

A financial consent order gives you peace of mind, closure, and protection for years to come. At Family Law Mediation, we provide expert family law mediation services across Leicester, Tamworth, Nottingham, Derby, Coventry, and Birmingham. Our focus is on fairness, clarity, and getting your order approved as efficiently as possible.

Once you’ve reached an agreement, we help make it legally binding, protecting both parties now and in the future.

Frequently Asked Questions About Financial Consent Orders

What is a financial consent order?

 A financial consent order is a court-approved document that makes your agreed financial settlement legally binding. It covers pensions, maintenance, property, and lump sums, preventing future claims or disputes.

What does a financial consent order cover?

A financial consent order covers the full scope of your financial settlement following divorce or civil partnership dissolution. This may include division of property, savings, debts, pensions, spousal maintenance and other financial arrangements. It ensures your agreement is legally binding.

Do I need a financial consent order?

You’re not legally required to get one, but without it, private agreements aren’t enforceable. A consent order protects both parties and gives you a clean financial break.

How long does it take to get approved?

Once both parties have agreed and signed the necessary paperwork, it typically takes 4 to 6 weeks for the court to approve a financial consent order. This timeline can vary depending on the court’s workload and whether any clarification is required during the review process.

Can I get a clean break order?

A clean break order ends all financial ties after divorce so that neither party can make future claims on income or property. It’s often part of a financial consent order. Learn more about clean break orders and their benefit

Can it include maintenance or child support?

Yes. You can include both spousal and child maintenance arrangements, making them enforceable and clearly recorded by the court.

What happens if the court rejects my order?

 This is rare. If it happens, the court will ask for minor adjustments to ensure fairness. We’ll help you amend and resubmit.

Do I need a solicitor to apply?

We recommend it. Each party should have independent legal advice to confirm the order is fair and compliant before submission.

What is a pension sharing order?

 It divides pension assets between spouses after divorce. It’s commonly included in financial consent orders to ensure both parties’ retirement funds are protected.

What’s the difference between a consent order and a financial consent order?

A financial consent order specifically refers to financial matters and is used to formalise a financial agreement reached between divorcing or separating parties. The term consent order is broader and may also cover child arrangements or other matters agreed outside of court.

Do we need to be divorced before applying for a financial consent order?

You must have started divorce proceedings but you don’t need to be officially divorced to apply for a financial consent order. It can be submitted once the conditional order (previously known as decree nisi) has been granted. Final approval is given after the final order (decree absolute).

What documents are needed to submit a consent order?

To submit a financial consent order, you typically need:

  • The draft consent order
  • A completed D81 statement of information form
  • The conditional order (or decree nisi)
  • The court fee (unless exempt)

Additional documents may be required if pensions or property transfers are involved.

What if we own property together?

If you jointly own property, your financial consent order should clearly outline what will happen to it — whether one party will retain ownership, it will be sold and proceeds split or other arrangements. Legal or mediation support can ensure all aspects are properly documented.

Does the consent order apply to cohabiting couples?

No, a financial consent order is only available to those who are divorcing or ending a civil partnership. Cohabiting couples can draft a separation agreement to record their financial arrangements but this is not the same as a court-approved consent order.

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Family Law Mediation Leicester (Head Office)

First Floor

60 Charles Street

Leicester

LE1 1FB

Opening Times

Monday to Friday 9am to 5pm

Weekend appointments are available on request

*We can offer a limited number of pre-arranged mediation sessions outside of office hours subject to agreement and availability. All mediation sessions are held either at our offices or remotely via video conferencing software e.g. Zoom.

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