A financial consent order sets out how a couple’s finances are to be divided after divorce. Once it’s approved and sealed by the court, it becomes a legally binding court order. But what happens if circumstances change — or if one party refuses to follow the terms?
Can a Financial Consent Order be changed after it’s approved?
In most cases, no. The purpose of a consent order is to provide finality and certainty, especially where assets have been divided or there has been a clean break. However, there are some important exceptions.
Spousal maintenance can be varied
If your consent order includes ongoing spousal maintenance, this element can usually be varied if your circumstances change significantly (for example, a job loss or illness). Either party can apply to increase, reduce, or end payments.
The “Liberty to Apply” clause
Most financial consent orders include a “liberty to apply” clause. This gives both parties permission to return to court to clarify or implement the terms of the order, not to change the deal itself.
This can be useful if:
- There’s a dispute about how a term should be interpreted
- Practical issues arise with implementation (e.g. a delay in property transfer)
- A party refuses to sign paperwork or cooperate
It does not give you permission to renegotiate the financial split itself — just to ensure the existing terms can be carried out properly.
Set aside applications — rare but possible
In limited cases, a consent order can be set aside altogether, such as:
- If there was fraud or deliberate non-disclosure of assets
- A significant mistake or misrepresentation
- A major, unforeseen event shortly after the order (a “Barder event”) — such as a sudden death or financial collapse
These cases are rare and require specialist legal advice.
What if my ex is not complying with the Consent Order?
If the other party is ignoring the order — failing to pay a lump sum, transfer property, or keep up with maintenance — the court can enforce it.
Options for enforcing a financial consent order
- Attachment of earnings — deducting money directly from their salary
- Third-party debt orders — recovering money from their bank accounts
- Charging orders — securing the debt against a property
- Orders for sale —forcing the sale of property to realise funds
- Committal proceedings — in serious cases of deliberate non-compliance
Before applying to court, it’s often sensible to start with a solicitor’s letter. In many cases, this prompt can resolve matters quickly and avoid the need for enforcement.
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