When couples divorce or separate, sorting out money and property is often the most challenging part. You might have come across terms like financial order and consent order and wondered if they mean the same thing. The short answer is no, but they are closely linked.

In this guide, we will walk through consent order vs financial order and even look at how it compares to a consent order vs financial agreement. By the end, you will understand what these legal terms mean, why they matter, and how they affect your financial future.

What is a Financial Order?

A financial order is a court order that sets out how money, property, pensions, or other financial assets will be divided between divorcing or separating partners. Think of it as the court’s official instruction for resolving financial settlements.

There are different types of financial orders, which may include:

• Spousal maintenance: One partner pays ongoing support to the other.
• Child maintenance: Financial support for children, though the child maintenance service usually oversees this.
• Property adjustment: Deciding what happens to the family home or other property.
• Pension sharing: Ensuring pensions are shared fairly between parties.
• Lump sum orders: One partner makes a one-off payment to the other.
• Clean break orders: A type of financial order by consent that severs all financial ties, preventing future claims.

So, when you ask what a financial order is, it is the umbrella term for all these legally binding arrangements a family court can make.

What is a Consent Order?

A consent order is a specific type of financial order. It is used when couples reach an agreement about their finances without a judge needing to decide for them.

In short, when couples agree on how to divide their financial positions and then ask the court to make it official, that agreement is written up as a draft consent order. Once approved by the court, it becomes a legally binding document.

So if you are wondering what is a consent order or what’s a consent order, it is essentially the court rubber-stamping your private financial agreement so it carries legal weight.

Consent Order vs Financial Order: What is the Difference?

The key difference lies in how they come about:

• The court can impose a financial order after a dispute during divorce proceedings. If you and your partner cannot agree, a judge decides for you.
• A consent order is an agreed financial settlement that both sides put forward for court approval. It avoids a court battle, saves costs, and usually keeps stress to a minimum.

This is where the comparison of consent order vs financial agreement matters. An agreement made privately, without the court’s involvement, is not legally enforceable. Only when it becomes a consent to order and is submitted to the court can it protect you from future claims.

What is a Financial Consent Order?

A divorce financial consent order, or simply a financial consent order, is the full legal document that records the settlement you and your partner have agreed on. It can include dividing property pensions, deciding on spousal maintenance, or agreeing on a clean break order.

The order is then submitted to the court, reviewed by a judge, and once approved by the court, it becomes enforceable.

So, what is a financial consent order? It is your way of making sure your agreed financial split is safe, enforceable, and future-proof.

Why Do You Need a Consent Order?

You might wonder why you need to go to court if you and your partner already agree. Here’s why:

1. Protect against future claims –  Without a consent order, your ex can make a financial claim years down the line, even after remarriage or retirement.
2. Clarity and finality – It creates a clear record of who gets what, avoiding misunderstandings later.
3. Court recognition – Only a legally binding document ensures your agreement is recognised and enforceable.

Research by Resolution, a leading family law organisation, shows that over 60% of divorced people in England and Wales risk future disputes by not securing a consent order.

How Do You Obtain a Consent Order?

The process is more straightforward than many think:

1. Reach an agreement on your financial positions with your ex. Mediation often helps here.
2. Ask a solicitor or mediator to draft the draft consent order and complete the statement of information form.
3. Apply to the court by paying the court fee (currently £53 as of 2025).
4. A judge reviews the agreement. If it is fair, the consent order will be approved by the court without a hearing.

What Happens If You Do Not Get a Consent Order?

If you skip this step, you risk leaving the door open for financial claims in the future. That could involve shared pensions, property pensions, or even spousal maintenance demands years later. This is why family lawyers often advise securing a financial consent order, even if you and your ex are on good terms.

 

FAQs: Consent Order vs Financial Order

 

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

A financial order can be imposed by the court when you cannot agree. A consent order is a voluntary agreement made binding by the court.

Can I apply for a consent order without going to court?

You must apply to the court for it to be legally recognised, but if both parties agree, there is no hearing.

Is a consent order always necessary?

Suppose you want to prevent future claims and have a straightforward, enforceable arrangement, yes. It is one of the safest steps in divorce proceedings.

How long does it take to obtain a consent order?

Typically, between 4 and 10 weeks, depending on how quickly paperwork is submitted to the court and the workload of the family court.

Do I need a solicitor?

While you can draft your own, using family lawyers ensures the legal document is accurate and increases the chance of it being approved by the court.

The Role of Family Mediation

At Family Law Mediation, we help couples reach an agreement through calm, structured discussions. Mediation keeps costs down, avoids lengthy battles, and often speeds up the process of obtaining a financial consent order.

Speak to Family Law Mediation Today

When comparing a consent order vs a financial order, remember this: both serve to formalise financial arrangements during divorce proceedings, but a consent order is based on mutual agreement. In contrast, a general financial order can be imposed after a dispute.

Failing to secure a financial consent order leaves you open to financial claims in the future. A simple application, with the proper support, gives you certainty and protection.

At Family Law Mediation, we specialise in helping families in Derby, Coventry, Birmingham, Leicester, Tamworth, and Nottingham. Our mediators guide you through financial negotiations with empathy and professionalism, ensuring agreements are fair and lasting.

We offer a free consultation to help you understand your options.

Email us at hello@familylawmediation.co.uk
Call 0116 4422 989 to arrange your consultation today.

Take the first step toward securing your financial future with confidence.