Financial Consent Order Solicitors
Breakthrough Solicitors provides expert legal support for matters involving financial consent orders.
Start with a straightforward, free initial consultation with a family lawyer to understand your options.
Owner of Breakthrough Solicitors
Solicitor & Mediator
Father of Two
Why choose Breakthrough Solicitors for your financial consent order?
A Financial Consent Order is a legally binding document that formalises an agreement between a couple on how to divide assets like property, pensions, and savings following a divorce or dissolution.
While many couples reach a mutual agreement privately, these arrangements are not legally enforceable until they are drafted into a Consent Order and approved by the court.
Without this formal order, your financial ties remain open indefinitely. This means that either party could potentially make a claim against the other’s future wealth years after the relationship has ended.
In the well-known case of Wyatt v Vince [2015] UKSC 14, the Supreme Court confirmed there is no time limit on such claims — a financial application was allowed to proceed nearly two decades after the divorce, simply because no consent order had been made.
At Breakthrough Solicitors, we draft financial consent orders that accurately reflect your wishes and provide long-term clarity and protection.
Why Choose Breakthrough Solicitors?
- Transparent and trusted: Our positive client feedback reflects our professionalism and meticulous attention to detail during the formalisation of financial settlements.
- Experienced team: Our financial consent order solicitors can help you in a number of areas, including: drafting “Clean Break” clauses, pension sharing arrangements, and property transfer agreements.
- Practical, constructive approach: We focus on negotiation and alternative dispute resolution (ADR) wherever possible, helping you reach agreement without unnecessary conflict, court proceedings, or expense.
- Flexible locations and remote support: We work with clients across England and Wales—remotely or in person at our offices in Buckinghamshire, Berkshire, Hertfordshire, Middlesex, and London
- Multilingual advice: Clear, jargon-free legal advice available in English, Hindi, Gujarati, and Cantonese
- Convenient meeting times: Flexible appointments:
- Monday – Friday: 8am – 8pm
- Saturday: 9am – 6pm
- Sunday: 11am – 5pm
Speak to a family law solicitor today!
Owner of Breakthrough Solicitors
Solicitor & Mediator
Father of Two
How Breakthrough Solicitors help with financial consent orders
Securing a Consent Order is a technical legal process. While you and your ex-partner may have already reached a proposal, the court requires specific documentation and must be satisfied that the agreement is within the range of “fairness” before it will approve the order and make it legally binding.
Our team manages the drafting and filing process, aiming to provide a clear and efficient path to finality.
Our process is as follows:
- Initial Consultation: We take time to understand your proposed agreement (or help you draft one) and outline the potential paths, costs, and timelines.
- Drafting the Order: We translate your proposed terms into the precise legal language required by the court. This includes specific clauses for property, pensions, and assets.
- Preparing the Financial Summary (D81): We assist you in completing the mandatory Statement of Information. This form provides the judge with a clear snapshot of both parties’ finances, which is a requirement for the court to consider approving the order.
- Managing the Court Submission: We handle the formal filing and correspondence with the court via the HMCTS digital portal. Our goal is to present a well-prepared application that allows a judge to approve the order ‘on paper,’ often avoiding the need for a court hearing.
- Negotiation and ADR: If there are areas of disagreement, we promote mediation or constructive negotiation to resolve issues privately and amicably.
Note that both parties should have their own solicitors. We work efficiently with your spouse’s legal representative to ensure the agreement is fair and balanced.
Building a strong case for court approval
A Consent Order is only effective once a judge approves it. To avoid “requisitions” (queries or rejections from the court), we work with you to build a strong, transparent case that demonstrates the agreement is fair and legally sound.
A successful application typically relies on three key pillars:
- Full and Frank Financial Disclosure: Even in an amicable split, the court requires a clear snapshot of both parties’ financial positions via the D81 form. We help you compile the necessary evidence—including bank statements, pension valuations (CEVs), and property appraisals—to show the court that the agreement was reached with all the facts on the table.
- Demonstrating Fairness and “Need”: The court’s primary concern is that the agreement meets the basic needs of both parties and any children involved. We help frame your agreement in the context of the law, explaining why the split is fair based on your respective incomes, ages, and future earning capacities.
- Clarity of Intent: We help ensure that every clause—whether it’s a deferred house sale or a pension share—is drafted with absolute precision. This shows the judge that both parties fully understand the legal implications of what they are signing, reducing the risk of the order being challenged later.
Why Evidence Matters
If a judge feels that one party hasn’t been fully honest about their assets, or that the agreement leaves one person in financial hardship, they can refuse to seal the order.
By meticulously preparing your financial disclosure and drafting the order to professional standards, we aim to present a “strong case” for approval on the first attempt.
Your rights and strategic options in a financial consent order
A Financial Consent Order is the only way to turn a private agreement into a mandatory legal requirement. Without it, you have no legal right to enforce your agreement; with it, you gain the protection of the court.
Understanding the difference between your statutory rights and your negotiated options is essential for a secure settlement:
- The Right to Pension Sharing: You have a legal right to a fair share of pension credits built up during the marriage
- The Right to Financial Transparency: This means both parties must be honest about their assets. If it is later discovered that assets were hidden, one part can apply to the court to set the order aside.
- The Right to a “Clean Break”: Once granted, both parties live without the fear of their former partner making future claims against future income, inheritances, or assets.
- The Option for Spousal Maintenance: If there is a significant disparity in income, you may choose an option where one party provides ongoing financial support.
- The Option for Lump Sum Buy-outs: Rather than selling assets or sharing a pension, you may choose the option of a “Lump Sum” payment.
- The Option for Deferred Property Sale (Mesher Orders): You have the option to delay the sale of a family home—for example, until children finish their education.
Speak to a family law solicitor today!
Owner of Breakthrough Solicitors
Solicitor & Mediator
Father of Two
How to start your financial consent order with Breakthrough Solicitors
Formalising an agreement through a Financial Consent Order is the most effective way to protect your interests and ensure long-term certainty for both parties. Without this court-approved document, your financial affairs remain open to future claims, regardless of any verbal agreement you have made.
At Breakthrough Solicitors, we provide the practical framework and expert drafting needed to ensure your settlement is legally robust and clearly reflects your intentions.
If you are ready to formalise your agreement, our structured approach ensures you are protected:
- Get in touch: Contact us by phone, email, or online form to arrange your free initial consultation.
- Share financial information: We help you gather the necessary documents and complete required ID and AML checks.
- Strategy and drafting: We assess your proposed terms and draft a tailored financial consent order that can be made legally binding by the court.
- Negotiation and final agreement: We work with you and your spouse (or their solicitor) to finalise and sign the agreement.
Flexible Support That Fits Around You
✓ Remote or Face-to-Face Meetings
We offer meetings remotely via video call, or in person at our offices in Amersham, Beaconsfield, Berkhamsted, Chesham, Chorleywood, Gerrards Cross, Harrow, High Wycombe, Mayfair, Milton Keynes, Rickmansworth or The Chalfonts — whichever suits you best.
✓ Advice In Multiple Languages
Support available in English, Cantonese, Hindi, and Gujarati.
✓ Extended Working Hours
Speak to us 7 days a week, including evenings and weekends.
Speak to a family law solicitor today!
Owner of Breakthrough Solicitors
Solicitor & Mediator
Father of Two
Frequently Asked Questions About Financial Consent Orders
What is a financial consent order?
A Financial Consent Order is a document that sets out the financial settlement a couple divorcing or dissolving a civil partnership has reached regarding their assets like property, pensions, savings and investments.
It is only valid if it has been drawn up correctly and has been approved and stamped by the family court. Once approved, a Consent Order makes the financial arrangements reached legally binding and enforceable.
Note that a financial consent order is a type of financial order.
Do you need a financial consent order when divorcing?
It is generally advisable to get a consent order divorce, not only to dismiss potential future claims but to also formalise your divorce financial settlement so that it is legally binding and can be enforced if it is not adhered to. Without one, there is a risk of divorce without financial settlement that leaves financial loose ends.
Can I draft my own financial consent order?
Technically, yes. You are permitted to draft your own order and submit it to the court without a solicitor. However, a Consent Order is a technical legal document that must follow strict court standards.
If it is drafted incorrectly, the judge may reject it, leading to significant delays and additional court fees.
Why DIY is risky:
- Precision Matters: Even small errors in wording can leave “loopholes,” meaning your financial ties aren’t truly severed, and your ex-partner could potentially claim against your future wealth years later.
- The “Fairness” Test: A judge will not “rubber-stamp” an order just because you both agree. They must be satisfied the agreement is fair. Without professional advice, it is difficult to frame your agreement in a way that meets the court’s specific criteria for approval.
- Pension Complexity: If your agreement involves pensions, the wording must be exactly what the pension provider requires. This is one of the most common reasons DIY orders are rejected.
What are the chances of a judge rejecting a consent order?
If the judge thinks a consent order is unfair, they may reject it. In most cases, the consent order will have been drafted with the help of a professional solicitor, and these are approved without problems.
However, if the application is rejected, the judge will set out clear reasons why and there will be an opportunity for the application to be resubmitted and fast-tracked back to a judge without having to return to the bottom of the waiting list.
What is usually included in a financial consent order?
A Consent Order is a comprehensive document designed to cover every aspect of your shared financial life. While each order is bespoke to the couple, most agreements include:
- The Family Home: Details on whether the property will be sold, transferred to one party, or held until a future date (such as when children finish school).
- Pensions: Precise instructions for “Pension Sharing,” which allows retirement funds to be divided fairly between both parties.
- Lump Sum Payments: A set amount of money to be paid from one person to the other by a specific deadline.
- Maintenance: Any agreements for ongoing spousal or child support, including how much will be paid and for how long.
- The “Clean Break” Clause: A vital provision that prevents either party from making any further financial claims against the other in the future.
- Personal Assets and Debts: The division of savings, investments, business interests, and responsibility for any outstanding loans or credit cards.
How long does it take to get a Consent Order?
Once you have reached an agreement and submitted the paperwork, it typically takes the court between 4 to 10 weeks (depending on court workload) to review and seal the order.
This timeline depends on the court’s current backlog and whether the judge has any follow-up questions regarding the fairness of the split.
Is a Consent Order the same as a Clean Break?
Not necessarily. A Consent Order is the document that contains your agreement. A “Clean Break” is a specific clause within that document that prevents either of you from making future financial claims against each other.
Most Consent Orders aim for a clean break, but some (like those involving ongoing maintenance) keep certain financial links active for a set period.
What happens in the free consultation?
A 30-minute, no-obligation call where you discuss your situation and options with an experienced family solicitor.
What is the fixed-fee meeting?
A one-hour advice session costing £295 (including VAT), where we provide tailored legal advice and a clear strategy going forward.