Consent orders: why a divorce alone does not end money claims

What a divorce actually ends

The final order ends the marriage. It does not end claims for capital, property, maintenance or pensions. Those continue until a court dismisses them, which is what a consent order does. This surprises most people. The divorce itself deals only with the legal status of the marriage. It does not deal with the money. Even where there is little to divide, the claims remain live unless a court order dismisses them. That is why the order matters. Without it, either person could bring a financial claim years later, and the other would have to respond. The consent order is the document that closes that door. It records what has been agreed and asks the court to make it binding. The court fee to apply for a financial consent order is 62 pounds, payable from 13 July 2026. That fee applies whether the order is drafted by a solicitor or by an online service. The fee is for the court application, not for the drafting. The drafting is separate and can be done in different ways. The key point is that the divorce alone leaves the financial claims open. Only a further order, approved by the court, brings them to an end.

The case that shows what indefinite means

Wyatt v Vince [2015] UKSC 14 is the case that shows what indefinite means in practice. The couple divorced and no financial order was ever made. Years later, after the former husband's business became successful, the former wife brought a claim. The Supreme Court allowed it to proceed, nearly two decades on. The case ultimately settled for a six-figure sum. This is not a story about a rare or exceptional set of facts. It is the ordinary consequence of leaving financial claims undismissed. The divorce ended the marriage, but it did not end the claim. The claim remained alive because no order had ever been made to dismiss it. When circumstances changed, the claim could be brought. The Supreme Court's decision was about whether the claim could proceed at all, not about the final amount. The final amount was settled later. The case is presented here factually, as the reason the dismissal matters. It shows that time alone does not close a financial claim. Only a court order does that. If you are divorced and no financial order was made, the claims are still open. That is the position in law, and it applies regardless of how long ago the divorce took place.

Consent order or clean break

A consent order records the agreed settlement and can dismiss future claims. A clean break is the version that dismisses everything, with the exception of child maintenance, which cannot be contracted out of. The court has a duty under section 25A of the Matrimonial Causes Act 1973 to consider whether it would be appropriate to exercise its powers so that the financial obligations of each party towards the other are terminated as soon as the court considers just and reasonable. That is the statutory basis for a clean break. In practice, the order sets out what has been agreed, such as a transfer of property or a pension share, and then includes a dismissal of all other claims. The dismissal is the part that gives certainty. Without it, the order would deal with the assets mentioned but leave other claims open. A clean break can be appropriate even where there is little to divide, because the value is in the dismissal itself. The court will still need to be satisfied that the agreement is fair. That is why the paperwork includes full disclosure of both people's finances. The order is not simply a record of what the parties want. It is an order the court must approve. If the court is not satisfied, it can decline to approve the agreement.

What it costs, in a table

The costs fall into two parts: the court fee and the drafting fee. The court fee is the same regardless of who drafts the order. The drafting fee depends on the provider and the complexity of the case. The table below sets out the main figures.

There is no separate court fee for Form D81 itself. A consent order that includes pension sharing requires a pension sharing annex. Services that do not include that annex cannot be used where a pension is being shared. The figures above are ranges and can vary. The court fee is fixed. The drafting fee is not. No provider is recommended here. The purpose of the table is to show the order of magnitude of each cost so you can plan. The 62 pound court fee is the one constant. Everything else depends on the choices made about drafting and any mediation.

The paperwork and the timings

A financial consent order is submitted with a draft of the order, Form A marked by consent, and Form D81, the statement of information for a consent order in relation to a financial remedy. Form D81 summarises both people's finances, covering income, assets, liabilities and pensions, so the court can check that an agreed financial settlement is fair before approving it. There is no separate court fee for Form D81 itself. The financial application can be submitted once the conditional order has been granted. Court approval of a straightforward consent order typically takes between 4 and 10 weeks, and in most cases there is no hearing to attend. A district judge reviews the order on paper and can decline to approve an agreement that does not appear fair. That is why the D81 disclosure matters. If the judge is not satisfied, the order will not be sealed, and the application may need to be revised or resubmitted. The process is largely administrative when the paperwork is complete and the agreement is clear. The draft order sets out the terms. The Form A marked by consent is the application itself. The D81 provides the financial background. Together they give the judge what is needed to decide whether to approve. A consent order can be applied for after the divorce at any time, provided neither party has remarried. The timing of the application is therefore flexible, but the conditional order must be in place first.

Common mistakes

Assuming the divorce dealt with the money is the most common mistake. It did not. The divorce ended the marriage, but the financial claims remain unless a court order dismisses them. Another mistake is not applying because there was nothing to divide at the time. Circumstances can change, as Wyatt v Vince shows, and a claim can be brought years later. Remarrying before applying is a further risk. Remarrying before applying for a financial remedy can extinguish the remarrying party's own claims while leaving them exposed to claims by their former spouse. That is a serious consequence and it is easy to overlook. Agreeing a split of a pension without a pension sharing annex is another mistake. A consent order that includes pension sharing requires a pension sharing annex, and services that do not include that annex cannot be used where a pension is being shared. Without the annex, the pension share cannot be implemented. Child arrangements use form C100 and are not part of financial remedy proceedings, so they are dealt with separately. For more detail on pensions, see the KT pension sharing guide. For more on the overall costs of divorce, see the KT divorce cost guide. The central point remains that the divorce alone does not settle the money. Only a consent order does that, and the court must be satisfied the agreement is fair before it will approve it.

Source: GOV.UK: money and property when a relationship ends.

Related coverage on Kael Tripton: Divorces in 2025: marriages now last a record 13 years, Divorce and Mortgage UK 2026: Your Options When a Relationship Ends and a Joint Mortgage Remains, UK Divorce Pension Sharing Orders Explained, UK Divorce Financial Settlement Process Explained, Free Wills Month: who qualifies, what is free and what is not.

Frequently asked questions

Does a divorce end financial claims between me and my former spouse?

No. A divorce ends the marriage but not the financial claims. Claims for capital, property, maintenance and pensions continue until a court dismisses them. Only a consent order dismissing them does that, at a court fee of 62 pounds.

What is a clean break order?

A clean break order dismisses all ongoing financial claims between the parties, with the exception of child maintenance. Under section 25A of the Matrimonial Causes Act 1973 the court has a duty to consider whether it would be appropriate to terminate the financial obligations of each party towards the other as soon as it considers just and reasonable.

Why does Wyatt v Vince matter?

In Wyatt v Vince [2015] UKSC 14 the Supreme Court allowed a financial claim to proceed nearly two decades after the divorce, because no order had ever been made dismissing the claim. The case ultimately settled for a six-figure sum. It shows that time alone does not close a financial claim.

What paperwork is needed for a consent order?

A financial consent order is submitted with a draft of the order, Form A marked by consent, and Form D81, the statement of information for a consent order in relation to a financial remedy. Form D81 summarises both people's finances, covering income, assets, liabilities and pensions. There is no separate court fee for Form D81 itself.

How long does court approval take?

Court approval of a straightforward consent order typically takes between 4 and 10 weeks, and in most cases there is no hearing to attend. A district judge reviews the order on paper and can decline to approve an agreement that does not appear fair.