What is a consent order in divorce?

A consent order is a court order that records the money and property agreement you and your spouse have reached on divorce. It is separate from the divorce itself. A judge approves it if it looks fair, and it takes effect once the final order is made. It can include a clean break, which can end future claims.

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Short version

• A consent order is a court order that records your agreed split of money and property.
• A judge approves it if they think it is fair. There is usually no court hearing.
• The court fee is £62 (GOV.UK, checked 27 October 2026). Legal fees are separate.
• It only takes effect after the final order.

What is a consent order?

A consent order is a legal document that confirms your agreement. It sets out how you divide assets such as property, savings, investments and pensions. It can also cover maintenance payments, including child maintenance. GOV.UK explains this in its guide to making your agreement legally binding.

The divorce ends the marriage. The consent order deals with the money and property.

A financial order in divorce is a court order that deals with money and property. A consent order is the version you ask for when you already agree. Our guide to how divorce financial settlements work covers the different types of financial order.

"Consent order for a child" usually means an agreed order about a child's arrangements. That is a different thing.

What is the purpose of a consent order?

A divorce does not settle who gets what. A private agreement is not enough either. GOV.UK says that if your agreement is not legally binding, a court cannot enforce it if there are any issues later.

Once a judge approves a consent order, your agreement becomes a court order. Claims can often still be made after the divorce unless a clean break order is in place. That is why it can help to ask for an order even when you get on well.

Some people search for "consent decree". In England and Wales the term is consent order.

How do you get a consent order?

At step 6 there is usually no court hearing. A judge approves the order if they think it is fair. If they do not, they can ask you to change it.

Pensions usually need extra steps, which our settlement guide explains.

What is a clean break order?

A clean break order (sometimes searched as a clean break financial order) is a financial order, often a consent order, with terms designed to end the financial ties between you and your former spouse, so that neither of you can usually make further claims against the other.

Under section 25A of the Matrimonial Causes Act 1973, the court must consider whether the financial obligations of each party towards the other can end as soon after the divorce as is just and reasonable. If it decides one of you should not pay maintenance, it can dismiss that claim and direct that it cannot be made again.

A clean break is not always possible, and the court may decide ongoing maintenance is fairer. With a clean break, maintenance between the two of you ends. Child maintenance is separate.

A clean break order covers financial claims between the two of you. It does not decide where the children live or how much time they spend with each parent. Pensions usually need extra steps, so ask for advice if a pension matters in your case.

Our guide to the orders a court can make on divorce shows where a clean break fits among the others.

How long does a consent order take?

GOV.UK gives no approval time, and we found no official figure. What the law fixes is the divorce timetable (GOV.UK):

1. The court issues your divorce application.
2. You must wait 20 weeks after that to apply for the conditional order (GOV.UK). The court cannot approve a consent order until the conditional order is made.
3. You must wait at least 6 weeks and 1 day after the conditional order to apply for the final order (GOV.UK). The consent order takes effect only after the final order.

GOV.UK says it is usually simpler to ask for approval after the conditional order and before the final order (GOV.UK). Asking after the final order may have financial consequences, particularly for pensions.

How much does it cost to draft a consent order?

The £62 is the fee for an application by consent for a financial order in the family court fees list. We checked it on 27 October 2026.

GOV.UK says legal adviser fees vary. Family matters vary too much for one price: we set out our costs in writing before you instruct us. For the wider picture, see the legal costs of a divorce.

How often does a judge reject a consent order?

We found no official rate, so we do not quote one. GOV.UK says a judge approves the order if they think it is fair, and can ask you to change it if not. Some common causes of delay can be avoided:

• a statement of information (Form D81) that is incomplete or out of date;
• terms that do not match the figures in that form;
• terms that leave out something you agreed, such as a pension;
• terms that look unfair to one of you.

A solicitor can check these points before you send the papers. That can reduce delay, but no one can promise a judge will approve an order.

Can I draft my own consent order?

Yes. GOV.UK says you and your ex-partner draft the order, and that you can ask a solicitor or divorce specialist to do it instead. The official steps are on GOV.UK: apply for a consent order. The statement of information is on the Form D81 page.

We do not provide a template. Errors can cause delay or leave a claim open. If you draft it yourself, check three things:

• the order covers everything you agreed, including pensions and maintenance;
• it says clearly whether there is a clean break;
• the figures in Form D81 match the terms.

If you are unsure, take advice before you sign.

What happens after a consent order is approved?

It takes effect after the final order. From then, each of you has to do what it says, such as transferring property or making payments. Because the order is legally binding, a court can enforce it if one of you does not.

How can we help?

Our family team helps with money and property on divorce, including the court order that makes an agreement binding. Read about our financial settlement solicitors or our wider family law support. To talk it through in confidence, send an enquiry.

Sources

• Apply for a consent order, GOV.UK
• Form D81, GOV.UK
• Family court fees (EX50), GOV.UK, checked 27 October 2026
• Get help paying court fees, GOV.UK
• Get a divorce, GOV.UK
• Apply for a conditional order, GOV.UK (20 weeks)
• Finalise your divorce, GOV.UK (6 weeks and 1 day)
• Matrimonial Causes Act 1973, section 25A, legislation.gov.uk

This post is general information about England and Wales. It is not legal advice on your situation. Every case is different, so take advice before you act.