Having a financial agreement included in a consent order during divorce is extremely important for several key reasons — both legally and financially. If you and your soon to be ex husband or wife (or even if you have already divorced but did not get your agreement put into a consent order) have reached an agreement regarding your financial situations and division of assets you need to ensure that you have this set out in the correct forms and filed at court. The documents you need to file are a Form A (application form) D81 (statement of information) and a consent order.
But why, you may ask, if you are in agreement? We have set out the main points below
1. It Makes the Agreement Legally Binding
- A consent order is a legal document approved by a court that records the financial agreement you and your ex-partner have reached.
- Once approved, it becomes legally enforceable, meaning both parties must follow it.
- Without a consent order, either party could later change their mind or make new financial claims.
2. It Provides Financial Finality (“Clean Break”)
- A consent order can include a “clean break” clause, which stops either person from making future financial claims (for example, on income, property, pensions, or inheritance).
- Without it, even years after divorce, your ex could come back and claim money if your financial situation improves.
3. It Ensures Fairness and Clarity
- It clearly sets out who gets what — property, savings, pensions, debts, etc.
- This prevents misunderstandings or disputes later.
- The court only approves the order if it believes the division is fair and reasonable to both sides.
4. It Protects Assets and Future Interests
- The order can protect things like your home, pension, or business interests.
- It ensures that agreed financial transfers (e.g., selling a house, paying lump sums, or child/spousal maintenance) are carried out properly.
5. It Helps with Stability for Children
- Where children are involved, a consent order can clarify how financial support will be managed (such as maintenance payments or school fees), giving both parents and children more stability and security.
6. It Reduces Future Legal Costs
- By finalising finances through a consent order, you greatly reduce the risk of future court disputes — saving both time and money.
2 of the biggest and main reasons people may want to protect themselves and their financial futures is in respect of their pension and potential inheritance. Without a clear and concise agreement, signed, sealed and approved by the court these could both be open to claims by your ex spouse in the future.
Pension Claims Without a Consent Order
Pensions are often one of the largest assets in a marriage.
Without a consent order:
- Your ex could apply for a share of your pension in the future, even after divorce.
- You cannot safely transfer or protect pension assets without formal court approval.
- A pension sharing order (part of a consent order) is the only way to legally divide pensions in a binding way.
Inheritance and Other Future Assets
If you come into money after divorce — for example, through inheritance, a lottery win, or business success — your ex could potentially make a financial claim if no consent order exists.
Courts have allowed such claims in the past (notably Wyatt v Vince [2015]), even many years after the divorce.
In summary:
Having a financial agreement within a consent order during divorce is essential because it:
- Legally binds your financial settlement,
- Prevents future claims,
- Protects your assets,
- Ensures fairness and stability, and
- Provides long-term peace of mind.
If you have reached an agreement and would like assistance in drafting the relevant court documents setting out your agreement, Family Law Paralegal Services can work with both parties to ensure that agreement is set out accurately and in compliance with court requirements in order for you to file it at court.
We can not advise on the settlement and we would be working for both parties in order to draft the documents as per your agreement. We offer a fixed price fee depending on the work required.
Please do not hesitate to contact us for a free, no obligation initial consultation to discuss what is required in your case and for us to provide you with a fixed fee quote and timescale for completion.