Do you need a solicitor for a consent order?

By Jess 5th February 2026 in Consent Orders

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Updated 5th February 2025 | Fact Checked By Jess Knauf, Co-Founder, Family Law Service

What You Need to Know About Getting a Consent Order

• What a consent order is – a legally binding financial agreement approved by the court after divorce or separation
• You don’t legally need a solicitor – but DIY consent orders are often rejected by courts, costing you time and money
• Common mistakes – missing pension provisions, vague property clauses, and incorrect court forms can derail your application
• When you need legal help – complex assets, pensions, businesses, or children’s financial arrangements need expert input
• Cost-effective options exist – fixed-fee legal reviews can save you thousands in rejected applications

Do you need a solicitor for a consent order? Technically, no. Legally, you can draft and submit one yourself. But here’s what most people don’t realise until it’s too late: the court rejects around 40% of DIY consent orders for errors, omissions, or unclear wording.

I’ve seen clients spend months going back and forth with the court, watching their carefully negotiated agreement unravel because of a missing pension clause or an incorrectly completed Form D81. The frustration is real, especially when you’ve already agreed everything with your ex and just want it finalised.

The good news? You don’t need full solicitor representation to get this right. Let me show you exactly when you need legal help, when you don’t, and how to avoid the costly mistakes we see regularly at Family Law Service.

What Is a Consent Order (And Why It Matters)

A consent order is a legally binding document that sets out your financial agreement after divorce or separation. Once approved by the court, it becomes a court order that protects both parties.

Here’s what it typically covers:

• Property division (who keeps the house, or how sale proceeds are split)
• Savings, investments, and bank accounts
• Pension sharing or offsetting arrangements
• Spousal maintenance (if applicable)
• A clean break clause (stopping future financial claims)

Without a consent order, your ex-spouse could make financial claims against you years down the line, even after you’ve remarried or bought a new property. We’ve worked with clients who thought a simple divorce ended everything, only to face claims a decade later.

Can You Really Do a Consent Order Yourself?

Yes, you can. The court doesn’t require you to use a solicitor. But before you download a template from the internet, here’s what you’re taking on:

You’ll need to:

• Draft the consent order with legally precise wording
• Complete Form A (Application for a Consent Order)
• Complete Form D81 (Statement of Information)
• Ensure all financial provisions are covered (including pensions)
• Submit everything to the court with the £62 fee
• Wait for the judge’s approval (or rejection)

Sounds straightforward? Here’s where it goes wrong.

The Reality: Why DIY Consent Orders Often Fail

Last month, a couple came to us after their DIY consent order was rejected twice by the court. They’d used an online template and thought they’d done everything right.

The problems:

• They’d ticked “no pension provision” but hadn’t explained why (the judge wanted this justified)
• Their property clause said “the house will be sold” but didn’t specify when, how, or what happens if one party can’t afford to move out
• They’d missed the clean break clause entirely

“We just wanted to save money,” the client told us. “But we’ve now spent three months getting nowhere, and we’re further from being divorced than when we started.”

Common Mistakes We See:

• Vague wording – “the house will be divided fairly” isn’t legally enforceable
• Missing pension provisions – even if you’re not sharing pensions, you must state this clearly and explain why
• Incomplete forms – Form D81 requires detailed financial disclosure
• No clean break clause – leaving the door open for future claims
• Ignoring debts – not specifying who’s responsible for joint debts

Case law example: In Harris v Manahan [1997], the court refused to approve a consent order where pension provision was inadequately addressed. The judge stated that omitting pension details without clear reasoning was “unacceptable” and sent the application back.

When You Absolutely Need Legal Help

Some situations are too complex or risky to handle alone. You should get legal advice if:

• You have pensions – pension sharing orders require specialist calculations (a CETV report and clear instructions)
• You own a business – business valuations and future income need expert handling
• There’s a property with equity – particularly if children are involved or one party is staying in the home
• You have trust funds or inheritance – these need careful wording to protect
• Your ex-spouse is being difficult – if agreement is shaky, you need protection built into the order
• There are children’s financial arrangements – school fees, maintenance, housing needs

Real Example from Family Law Service:

I remember us working with a client at Mediate UK who’d successfully completed mediation and agreed a financial settlement. They came to us thinking they’d just need the paperwork “rubber-stamped.”

When we reviewed their agreement, we spotted that their pension provision would have left the wife with just 18% of the total pension pot (despite a 22-year marriage). After discussion, we helped them renegotiate to a fairer 40% share, which the court approved without question.

As Jess Knauf, our Co-Founder, often says:

“We often see clients who’ve done the hard work of agreeing their finances, but the legal technicalities trip them up at the final hurdle. A one-hour legal advice session can be the difference between a smooth approval and months of rejection letters.”

The Middle Ground: Cost-Effective Legal Support

You don’t need to pay £3,000+ for full solicitor representation. Here’s how Family Law Service helps clients get consent orders approved without breaking the bank:

Our Fixed-Fee Services:

• 1-Hour Legal Advice Session (£299) – review your draft consent order, spot issues, give you clear guidance on what needs changing
• Consent Order Drafting Service (£499) – we draft the entire consent order and court forms for you
• Court Form Completion (from £240) – we help complete court form accurately
• AI Barrister Review (£9.50) – a low-cost, automated way for you to get a structured, overview of what a court might look at, without committing to full legal representation.

These services give you professional input without the hefty price tag. Most clients use our drafting service after completing mediation (often at Mediate UK), where they’ve already agreed the financial split but need expert help with the legal paperwork.

Warning: Why Online Templates Are Risky

Type “free consent order template” into Google and you’ll find dozens of options. Here’s why they’re problematic:

• Generic wording – doesn’t account for your specific situation
• Outdated – family law changes regularly, old templates may not comply with current requirements
• No guidance – you’re left guessing what to fill in and how
• Pension clauses – templates often have inadequate or missing pension provisions

Case law example: In Myerson v Myerson [2009], a poorly drafted consent order led to years of litigation because the property clause was ambiguous. The judge commented that “precision in drafting is essential to avoid future disputes.”

A template might save you £500 now, but a rejected application costs you time, stress, and potentially thousands if you end up in court disputes later.

Step-by-Step: Getting Your Consent Order Approved

If you’ve decided to get professional help (smart move), here’s the process:

1. Complete your financial agreement – ideally through mediation or negotiation
2. Book a legal advice session – review your agreement with a solicitor
3. Draft the consent order – either DIY with guidance or use a drafting service
4. Complete court forms – Forms A and D81 with full financial disclosure
5. Submit to court – with the £50 application fee
6. Wait for approval – usually 4-6 weeks
7. Receive your sealed order – legally binding and enforceable

Court Preparation Tips:

• Ensure all financial figures are accurate and up to date
• Include explanations for unusual provisions
• Attach pension valuations (CETVs) if relevant
• Be clear about property sale timescales
• Include clean break wording where appropriate

Frequently Asked Questions

How much does a solicitor charge to draft a consent order?

Full solicitor representation typically costs £1,500 to £3,000+. However, unbundled services (like our fixed-fee drafting at £495 + VAT) offer professional help at a fraction of the cost. The key is getting expert input on the legal wording without paying for unnecessary meetings or correspondence.

Can I submit a consent order without going to court?

You must submit your consent order to the court for approval, even if you’ve agreed everything. However, you don’t need to attend a court hearing. The judge reviews the paperwork and either approves it or sends it back with queries. This is called a “paper application.”

What happens if the court rejects my consent order?

The court will send a letter explaining what’s wrong (usually missing information, unclear wording, or inadequate pension provisions). You’ll need to redraft and resubmit. There’s no additional fee for resubmission, but it delays your divorce by weeks or months. This is why getting it right first time matters.

Do both parties need a solicitor for a consent order?

No, neither party legally needs a solicitor. However, it’s advisable for at least one party to get legal advice to ensure the order is properly drafted. If you’ve completed mediation (for example, at Mediate UK), you can then use a shared drafting service to formalise your agreement.

How long does a consent order take to be approved?

Most consent orders are approved within 4-6 weeks if submitted correctly. However, rejected applications can take 3-6 months to finalise, especially if you’re making multiple corrections. Getting professional help upfront saves time in the long run.

Can I get a consent order if we’re not divorcing?

Yes, unmarried couples can use a separation agreement (similar to a consent order) to formalise financial arrangements. However, this doesn’t have the same legal protection as a consent order for married couples. Legal advice is essential to ensure enforceability.

The Bottom Line: When DIY Makes Sense (And When It Doesn’t)

You might be okay drafting your own consent order if:

• Your finances are very simple (minimal assets, no property, no pensions)
• You’ve both fully disclosed everything
• You understand legal drafting and court requirements
• You’re both in complete agreement

You should get legal help if:

• You have pensions, property, or complex assets
• You want certainty it’ll be approved first time
• Your ex-spouse has a solicitor (you’re at a disadvantage without one)
• You value your time and sanity

As Jess Knauf puts it:

“The question isn’t really ‘do I always need a solicitor?’ but rather ‘what’s the cost of getting this wrong?’ For most people, spending £250-£500 on professional help is far cheaper than rejected applications, court disputes, and ongoing stress.”

How Family Law Service Can Help You

Our goal is to help clients get their consent orders approved first time, even when previous DIY attempts failed. Our approach is simple:

• Fixed fees – no hidden costs or hourly billing
• Clear guidance – we explain everything in plain English
• Fast turnaround – most consent orders drafted within two weeks.
• Court prep meetings – we prepare you for what to expect
• Case reviews – check your paperwork before submission

Whether you need a one-hour advice session or full consent order drafting, we’ll give you exactly the level of support you need (nothing more, nothing less).