One of the most dangerous myths in UK divorce law is the idea that receiving your Final Order (formerly known as the Decree Absolute) ends all ties between you and your ex-spouse. It doesn't. While the Final Order legally ends the marriage, it does absolutely nothing to sever the financial ties.
Without a separate court-sealed document, your ex-partner could potentially make a claim against your assets, your pension, or even your future inheritance, years or even decades after the divorce is finalised.
To prevent this, you need a financial order. However, as Expert Divorce Lawyers will tell you, not all orders are created equal. Depending on whether you and your spouse are in agreement, you will be looking at either a Consent Order or a contested Financial Order.
In this guide, we break down the differences, the risks of a DIY approach, and why securing the right legal protection is non-negotiable for your future financial security.
What is a Consent Order?
A Consent Order is a legal document that confirms a financial agreement between two parties who have already reached a settlement. It is essentially a "contract" that is turned into a court order.
If you and your spouse can agree on how to divide the house, the savings, and the pensions, you don't need a judge to decide for you. However, a "handshake deal" or a kitchen-table agreement is not legally binding. To make it official, you need a solicitor to draft a Consent Order, which is then submitted to the court.
The Process of a Consent Order
- Agreement: You and your ex-spouse agree on the division of assets.
- Drafting: Financial Order Solicitors draft the formal legal document.
- Full Disclosure: Both parties provide a summary of their financial positions (Statement of Information).
- Submission: The order is sent to a judge for approval.
- Sealing: If the judge deems the agreement fair, they "seal" (approve) the order, making it legally binding.
Because both parties are in agreement, this is usually the faster and more cost-effective route. You can learn more about the specifics in our Ultimate Guide to Financial Orders.
What is a (Contested) Financial Order?
When "Consent" isn't an option: perhaps because one party is being unreasonable, hiding assets, or there is a massive dispute over the family home: you must apply for a Financial Order.
In this context, the term "Financial Order" refers to an order imposed by the court after a series of hearings. You are asking a judge to step in and make the decision for you.
The Process of a Contested Order
- Application: One party files a Form A to start the financial proceedings.
- First Appointment (FDA): The court manages the case and decides what evidence (like property valuations) is needed.
- Financial Dispute Resolution (FDR): A "settlement" hearing where a judge gives an indication of what they might order, encouraging both parties to settle.
- Final Hearing: If no agreement is reached, a judge hears all evidence and imposes a final, legally binding decision.
This route is more adversarial, time-consuming, and expensive. This is where the skill of Expert Divorce Lawyers becomes vital to ensure you aren't left with an unfair settlement.
Key Differences: Consent vs. Contested
| Feature | Consent Order | Contested Financial Order |
|---|---|---|
| Agreement | Parties agree on terms beforehand. | Judge decides terms because parties cannot agree. |
| Court Attendance | Usually none; the judge approves it on paper. | Multiple hearings (FDA, FDR, Final Hearing). |
| Control | You and your ex-spouse maintain control. | A judge takes control and imposes a decision. |
| Cost | Generally lower legal fees. | Higher fees due to litigation and court time. |
| Speed | Can be completed in weeks/months. | Can take 12 to 18 months (or longer). |
The "Clean Break" Clause: Why It Matters
Regardless of whether you go the consent route or the contested route, the most important element for most people is the Clean Break Clause.
A Clean Break Clause ensures that once the assets are divided, neither party can come back in the future to ask for more money. Without this, your financial life remains an open book. If you win the lottery five years from now, or your business suddenly takes off, an ex-spouse could legally apply for a share of that wealth if a Clean Break wasn't established during the divorce.
At Tyndel Solicitors, we often see clients who thought their divorce was "simple" only to realize years later that they left themselves vulnerable. For a deeper look into these risks, see our article on 7 Mistakes You’re Making with Financial Order Solicitors.
The DIY Trap: Why Informal Agreements Backfire
In an attempt to save money, many couples opt for "DIY Divorce" kits or informal verbal agreements. While the intention is to remain "amicable," this is often where the biggest legal disasters occur.
1. The Agreement is Not Enforceable
If you agree to give your ex-spouse £50,000 in exchange for the house, and you pay them but don't get a Consent Order, they could still refuse to transfer the property title. Without a court order, you have no way to force the transfer without starting a long and expensive legal battle from scratch.
2. Failure to Disclose Assets
A Consent Order requires a "Statement of Information." If you do it yourself and don't realise your spouse has a significant pension pot, you might sign away your rights to a share of it. Expert Divorce Lawyers are trained to spot missing information and ensure full transparency.
3. Future "Windfall" Claims
As mentioned, without a sealed order containing a Clean Break, the "financial door" remains open. We have seen cases where individuals have claimed against their ex-spouse's pension 20 years after the divorce because no formal order was ever made.
4. Incorrect Drafting
The language in a financial order must be precise. Using the wrong terminology can lead to the court rejecting the order or, worse, creating an order that doesn't actually do what you intended it to do. This is why hiring Financial Order Solicitors is an investment in your future, not just a current expense.
When Should You Seek Expert Legal Advice?
Divorce is emotional, but the financial settlement is a business transaction. You are dividing the largest assets you will likely ever own.
You should contact Expert Divorce Lawyers immediately if:
- There is a disparity in income or pension values.
- One party is being secretive about their finances.
- You own a business or have complex investments.
- There are international assets involved.
- You want to ensure the agreement you’ve reached is actually "fair" in the eyes of the law.
How Tyndel Solicitors Can Help
Navigating the difference between a Consent Order and a Contested Financial Order requires a steady hand and deep legal expertise. At Tyndel Solicitors, we provide comprehensive legal representation in England and Wales, focusing on professional integrity and client-focused results.
Whether you are at the beginning of your divorce journey and need a Consent Order drafted, or you are facing a difficult court battle and need a robust defense of your assets, our team is here to help. We ensure that your settlement is not just "finished," but that it protects you for the rest of your life.
Don't leave your financial future to chance. Contact our Financial Order Solicitors today.
Frequently Asked Questions
Can I get a Consent Order without a solicitor?
While technically possible, it is highly discouraged. Judges will often reject DIY orders if the wording is unclear or if the division appears significantly unfair to one party without a clear explanation.
How long does a Consent Order take?
Once the draft is submitted to the court, it usually takes between 4 to 10 weeks for a judge to review and seal it, depending on the backlog of the specific court.
Does a Consent Order cover child maintenance?
A Consent Order can include agreements for child maintenance for the first 12 months, but after that, the Child Maintenance Service (CMS) usually takes jurisdiction unless the parties agree otherwise or there are specific high-income circumstances.
What happens if my ex refuses to sign a Consent Order?
If an agreement cannot be reached or a party refuses to sign, you will likely need to move to a contested Financial Order process by filing a Form A with the court.
