A financial consent order is the document that converts an agreement reached between separating spouses or civil partners into a legally enforceable court order. Without one, even a carefully negotiated financial settlement remains a private agreement that either party can walk away from at any point, sometimes years later. This guide explains how to obtain a consent order, what the D81 Form is and why it matters, and the key circumstances that should prompt you to act.
What Is a Financial Consent Order?
A consent order is a formal court order that records the financial agreement between divorcing parties and makes it binding on both of them. It is approved by a judge without the parties needing to attend court. Once sealed by the court, the order can be enforced if either party fails to comply.
A consent order can cover the division of property, savings, pensions, investments, and businesses, as well as any agreement about ongoing maintenance. It provides certainty and, crucially, it extinguishes each party’s future financial claims against the other, a protection that is simply not available without an order.
The landmark case of Wyatt v Vince [2015] demonstrated the risk starkly: a wife successfully brought financial claims against her former husband nearly two decades after their divorce, because no consent order had ever been made. The lesson is clear, an informal agreement, however well-intentioned, does not close the door on future claims.
The Process: How to Get Your Agreement Incorporated into a Court Order
Obtaining a consent order involves the following steps:
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Step 1 — Reach agreement: The parties (usually through their solicitors) negotiate and agree the terms of the financial settlement. This is sometimes achieved through direct negotiation, mediation, or a combination of both.
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Step 2 — Draft the order: A solicitor drafts the consent order in the correct legal form. The drafting must be precise as poorly worded orders can cause significant problems on enforcement or implementation.
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Step 3 — Complete Form D81: Both parties must complete a Statement of Information (Form D81), which gives the court an overview of each party’s financial position. The court needs this to satisfy itself that the agreement is fair and reasonable.
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Step 4 — Submit to the court: The draft consent order, the D81, and the relevant fee are lodged with the court. Neither party needs to attend a hearing and in most cases the judge considers the documents on the papers.
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Step 5 — Judicial approval: A judge reviews the order and the financial statement. If satisfied, the order is sealed. If the judge has concerns, they may request additional information or list the matter for a short hearing.
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Step 6 — Implementation: Once sealed, the parties must comply with the order. This may involve transferring property, making pension sharing arrangements, or paying lump sums.
It is important to note that a consent order can only be made once the divorce or dissolution proceedings have reached the conditional order stage (formerly known as Decree Nisi). However, it becomes effective only once the final order (formerly Decree Absolute) has been granted.
What Is a D81 Form?
Form D81, officially titled the Statement of Information for a Consent Order in Financial Remedy Proceedings, is a court form that both parties must complete and submit alongside the draft consent order. It provides the court with a snapshot of each party’s current financial position and the proposed arrangements going forward.
The D81 requires each party to disclose:
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Their date of birth and current occupation
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Details of any subsequent or anticipated remarriage or cohabitation
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The approximate value of capital assets and liabilities
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Current net income and outgoings
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Details of any dependent children and their living arrangements
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Whether either party is receiving any state benefits
The court uses the D81 to assess whether the proposed settlement is broadly reasonable given the parties’ circumstances. This is not a full forensic examination as the court is not investigating hidden assets or carrying out detailed fact-finding. However, if the figures in the D81 appear obviously inconsistent with a fair outcome, the judge may raise questions.
Crucially, both parties sign the D81 to confirm that the information is accurate to the best of their knowledge. Providing false information on a D81 is a serious matter that could result in the order being set aside and, in extreme cases, contempt of court proceedings.
Is the Agreement Legally Binding Without a Court Order?
No and this is one of the most important points in family finance law. An agreement between the parties, however detailed and however carefully documented, is not automatically legally binding. This applies equally to:
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An informal verbal agreement
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A written agreement signed by both parties
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A Memorandum of Understanding produced by a mediator
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A Heads of Terms document prepared by solicitors
None of these documents, on their own, prevents either party from issuing financial proceedings at the Family Court at a later date. The only way to achieve finality and extinguish future financial claims is to obtain a sealed consent order or to have a contested financial remedy order made by a judge after a full hearing.
A solicitor can help you draft a separation agreement as an interim measure, and whilst such agreements carry some weight as evidence of the parties’ intentions, they are not enforceable in the same way as a court order and do not bar future claims.
When Should You Enter Into a Consent Order?
You should seek a consent order as soon as the financial settlement has been agreed and the divorce proceedings have progressed to at least the conditional order stage. Delay carries real risks:
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Either party may remarry – remarriage bars a spouse from making certain future claims, but this protection requires proactive steps and does not apply in the same way to all assets (pensions in particular remain vulnerable without an order).
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Circumstances can change — a significant improvement in one party’s financial position could give the other party grounds to revisit the settlement if there is no order in place.
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Assets can be dissipated — without an order, there is no mechanism to enforce the agreed terms if one party changes their mind or faces financial difficulty.
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Pension sharing requires a court order — a pension sharing annex can only be implemented once a sealed pension sharing order has been sent to the pension provider.
The general advice from our team is this: do not finalise your divorce until you also have a finalised and sealed consent order. The two processes should run in parallel.
Frequently Asked Questions / Questions & Answers
Can I get a consent order without a solicitor?
Technically, yes but it is not recommended. The drafting of a consent order requires precision, and errors can be difficult and expensive to correct once the order is sealed. More importantly, you should have independent legal advice before signing any financial agreement to ensure you understand what you are agreeing to and what claims you are giving up.
How long does it take to get a consent order approved?
Once the draft order and D81 are submitted to the court, approval typically takes between four and twelve weeks depending on the court’s workload. Complex cases involving pensions or property transfers can sometimes take longer.
Can a consent order be overturned?
A sealed consent order can be set aside in limited circumstances for example, if it was obtained by fraud or material non-disclosure, or if there has been a subsequent supervening event so dramatic that it would be inequitable to hold the parties to the agreement. These cases are rare. The courts are generally reluctant to reopen settled financial matters, which is precisely why getting the order right in the first place is so important.
What happens if one party does not comply with the consent order?
A sealed consent order is enforceable. Enforcement options depend on the nature of the obligation for example, property transfers can be enforced by the court, arrears of maintenance can be pursued through an attachment of earnings order or charging order, and contempt of court proceedings are available in serious cases.
Do we need a consent order if we were not married?
No financial consent orders in the context described in this article apply to divorcing spouses and civil partners. Unmarried cohabiting couples have different and considerably more limited legal rights on separation. If you are an unmarried couple separating, please speak to a solicitor about the options available to you, which may include a trust dispute or Schedule 1 Children Act application.
What is a clean break order?
A clean break order is a type of consent order that formally terminates all financial claims between the parties, including any future claims for maintenance. It is not always possible or appropriate for example, where there are young children and income disparity but where it is achievable, a clean break provides the greatest degree of certainty and finality for both parties.
