It is one of the most common misunderstandings we hear: "We are divorced, so everything is settled." In England and Wales, that is not true. A divorce ends the marriage, but it does not end the financial claims you have against each other. Only a court order does.

Why a divorce alone is not enough

Without a financial order, either of you can make a claim against the other years later, even after remarrying in some cases. The best-known example went to the Supreme Court: a claim made almost twenty years after a divorce was allowed to proceed, because no financial order had ever been made.

A consent order is a legal document that records how you have agreed to divide your money, property and pensions, and that a judge approves. Once it is sealed by the court, it is binding on both of you and, crucially, it can include a clean break: neither of you can make further claims against the other.

What it can cover

  • The family home: whether it is sold, transferred to one of you, or kept until the children are older.
  • Savings and investments, including assets held abroad, such as an assurance-vie in France.
  • Pensions: a pension sharing order can split a pension, often the largest asset after the house.
  • Maintenance: whether one of you will pay the other, and for how long.

How it works

  1. Disclosure. You each share a full picture of your finances, usually on a form called Form E.
  2. Agreement. You agree terms, directly, through mediation or with the help of your solicitors.
  3. Drafting. We draft the consent order and a short statement of information for the judge.
  4. Approval. The court reviews it, usually without a hearing, and seals it within a few weeks. The court fee is £58.

What if we have nothing to divide?

Even with few assets, a clean break order protects you against claims on future earnings, inheritance or a lottery win. It is usually quick and inexpensive.

Next steps

Already agreed? Our Consent Order package costs £1,080, VAT included. Still negotiating? Our Divorce & Finances package covers the divorce and the settlement for £2,280. Or book a free 20-minute call, in English or in French.