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Introduction
A consent order records a legally binding agreement between separating parties and converts negotiated financial terms into an enforceable court order. In England and Wales consenting to a financial remedy and obtaining a consent order provides finality, enforcement power and certainty without a contested hearing.
What a consent order achieves
A consent order gives the court’s authority to the agreed division of assets, pension sharing, lump sums periodical payments or property transfers. Once sealed by a judge the order becomes enforceable like any other court order, enabling remedies such as charging orders committal for contempt or enforcement proceedings if a party fails to comply.
When to use a consent order
Parties use consent orders when they reach agreement through negotiation mediation collaborative law or solicitors’ settlement. A consent order suits full financial settlements and interim arrangements intended to be binding. It also helps preserve confidentiality because the detailed terms remain out of the public record except for the sealed order.
Key steps to obtain a consent order
1. Reach a negotiated agreement
Parties must first agree the substantive terms. That agreement should reflect full and frank disclosure so neither side can later argue surprise or concealment undermined the deal.
2. Obtain independent legal advice
Each party should instruct a solicitor to review the proposed terms and advise on fairness, tax consequences and enforceability. Courts prefer to see that both parties received independent advice before sealing an order.
3. Prepare the draft consent order and financial statements
A solicitors drafts the consent order in standard court format and prepares supporting schedules such as asset lists property details and pension particulars. Parties also supply a statement of information for a financial remedy application if the court requests it.
4. File the application at court
The application to seal a consent order proceeds under the Family Procedure Rules. Parties file the draft order, supporting documents and evidence of legal advice. For financial remedy cases the court may expect the latest financial disclosure such as Form E or a summary of agreed figures.
5. Judicial scrutiny and sealing
A judge reviews the draft to ensure the agreement is within the court’s powers, deals fairly with both parties and protects any children’s interests. The judge will not rewrite a fair agreement but may query terms that appear manifestly unfair, ambiguous or inconsistent with statutory obligations. When satisfied the judge seals the order making it binding.
Factors the court considers before sealing
Judges assess fairness proportionality and whether the order leaves either party in serious need. The court also checks whether the order involves pension sharing, third party rights or matters requiring specific drafting. Where confidentiality could prejudice a third party the judge may request clarification or sealed exhibits.
Practical drafting and enforcement considerations
– Be precise: draft schedules that identify property by title number and bank accounts by reference to account numbers to avoid future disputes.
– Deal with pensions carefully: pension sharing requires trustees to implement the order; include implementation timelines and directions for actuaries where needed.
– Address future contingencies: include mechanisms for tax liabilities, exchange rate changes and enforcement steps for non compliance.
– Consider costs and maintenance: specify who pays legal costs and how periodical payments adjust for changes in circumstances.
When consent orders fail or need variation
If circumstances change materially parties can apply to vary a consent order but the court will scrutinise the justification. Where a consent order resulted from misrepresentation or non disclosure a party may seek to set it aside; courts will examine whether the non disclosure was material and would have affected the original decision.
Conclusion
A consent order converts negotiated settlement into enforceable law, offering certainty and protection for both parties. Proper legal advice precise drafting and full disclosure increase the chance the court will seal the order without challenge. Parties should consult experienced family solicitors to draft robust orders that reflect the agreement and anticipate enforcement and future change under the law of England and Wales.
At Alexander JLO we are well aware that going through divorce can be very difficult. Whilst the implementation of no-fault divorce back in 2022 has made the legal process much simpler, there are times, especially in relation to financial matters, when input from an experienced solicitor is vital.
With that in mind we have developed a revolutionary new service which will ascertain whether or not it’s wise to have legal advice on finances when going through divorce. Simply called Form Easy it will assess your level and type of assets and determine if you qualify for a free, no-obligation consultation to discuss your case with us and decide on the best ways forward for you. Simply click the Form Easy button, or visit the page here, answer a few short questions and we will let you have our input on whether we can help.
At Alexander JLO we have many years of experience of dealing with all aspects of family law and will be happy to discuss your case in a free no obligation consultation. Why not call us on +44 (0)20 7537 7000, email us at info@london-law.co.uk or get in touch via the contact us button and see what we can do for you?
This blog was prepared by Peter Johnson on 1st December 2025 and is correct at the time of going to press. With over forty years of experience in almost all areas of law Peter is happy to assist with any legal issue that you have. He is widely regarded as one of London’s leading divorce lawyers. His profile on the independent Review Solicitor website can be found Here.
To follow up on any of the above please contact Guy Wilton of our family department. Guy has wide experience of acting for the firm’s clients, their family and their businesses. Guy’s experience as a lawyer started in the Northern and Welsh Circuits, including the Liverpool Courts, where he represented numerous clients after being called to the Bar, before opting to join Alexander JLO in 2017 and qualifying as a solicitor in 2024. He is a highly experienced family lawyer with a particular interest in financial remedy proceedings and child contact disputes.
Guy’s profile on the independent Review Solicitor website can be viewed here.