In the rush to finalise a divorce, many couples overlook one critical step: securing a financial consent order. While the divorce itself legally ends the marriage, it does not sever financial ties. Without a court-approved consent order, either party may remain vulnerable to future financial claims—sometimes decades after the divorce is finalised.
What Is a Financial Consent Order?
A financial consent order is a legally binding document approved by the family court that formalises how assets, liabilities, and income will be divided between divorcing spouses. It can include arrangements for:
- Property and savings
- Pensions and investments
- Spousal and child maintenance
- Business interests and debts
Once sealed by the court, it provides certainty and finality—ensuring neither party can make further financial claims against the other
Why is skipping a Financial Consent Order risky?
- Future claims can still be made
Even if you’ve reached an informal agreement or believe you’ve achieved a “clean break,” your former spouse can still bring a financial claim years later.
Case Study: Wyatt v Vince (2015)
Kathleen Wyatt and Dale Vince divorced in the early 1990s when they had few assets. Years later, Vince became a multimillionaire through his green energy business. Because no financial consent order had been made at the time of their divorce, Wyatt was able to bring a claim against Vince more than 20 years later. The Supreme Court allowed her claim to proceed, and she was ultimately awarded £300,000.
This case illustrates how failing to formalise financial arrangements can leave the door open to significant claims long after the marriage ends.
- Informal agreements are not legally binding
Verbal or written agreements between spouses—no matter how amicable—carry no legal weight unless approved by the court. If one party reneges on the deal, the other has no enforceable recourse.
- Changing circumstances can trigger disputes
Life changes—such as inheritance, business success, or lottery wins—can prompt a former spouse to seek a share of newfound wealth. Without a consent order, they may have legal grounds to do so.
- Pension and death benefits may be lost
Failing to secure a consent order before the final divorce order can affect pension sharing, inheritance rights, and death-in-service benefits. These are often overlooked but can have significant long-term consequences.
Common misconceptions regarding finances after divorce
- “We have no assets, so we don’t need one.”
Even if you currently have minimal assets, a consent order protects against future claims if your financial situation improves. - “We’ve agreed everything, so it’s fine.”
Only a court-sealed order can make your agreement enforceable and protect you from future disputes. - “It’s too expensive.”
While legal fees are a consideration, they pale in comparison to the cost of defending a financial claim years later.
How to secure a Consent Order
- Reach an agreement
This can be done independently, through mediation, or with legal support. - Draft the Order
A solicitor will prepare the document to reflect your agreement and ensure it meets legal standards. - Submit to Court
Once approved by a judge, the order becomes legally binding.
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