Our Blog

By Jess 16th March 2026 in Consent Orders

0

Updated 16th March 2026 | Fact checked by Jess Knauf, Co-founder, Family Law Service

How much does a consent order cost in England & Wales?

If you are going through a divorce or separation and want to sort out your finances properly, you have probably heard that you need a consent order. But how much does a consent order cost, and is it possible to get one without spending a fortune on solicitors?

The good news is that there are now genuinely affordable options, including fixed-fee services that give you professional support without the traditional solicitor price tag. In this article, we break down every cost involved, explain what you get at each price point, and help you work out what is right for your situation.

This guide is written for people in England & Wales dealing with divorce or separation who want to understand the full picture before spending any money.

What is a consent order and why do you need one?

A consent order is a legal document, approved by a family court judge, that records and makes legally binding the financial agreement you have reached with your ex-partner. It can cover:

• What happens to the family home (sale, transfer, or deferred sale)
• How savings, investments, and other assets are split
• Whether pension sharing or pension attachment orders are needed
• Lump sum payments between parties
• Maintenance payments (spousal maintenance)
• A clean break, ending all future financial claims between you

Without a consent order, even a verbal or written agreement between you and your ex is not legally binding. Either of you can come back later and make new financial claims against the other, sometimes years down the line. This is true even if you both feel the matter is settled.

The case of Wyatt v Vince [2015] UKSC 14 is a well-known example where a former spouse was able to make a financial claim many years after divorce, precisely because no consent order had been put in place. You can read more about the legal principles involved on the judiciary.gov.uk website.

A consent order is also the only way to include a formal clean break, which cuts all financial ties between you permanently. For most people, this is one of the most important things they can do to protect their financial future after divorce.

What does a consent order cost in 2026?

There are two main components to the cost of a consent order:

1. The court application fee (paid directly to HMCTS)
2. The professional fee for drafting and checking the consent order

The court fee for a consent order

The court fee for submitting a consent order application in England & Wales is currently £62. This increased from £58 in April 2025 as part of a routine HMCTS fee uplift to account for inflation. It is paid to HM Courts & Tribunals Service when the application is submitted and applies regardless of who drafts the document.

If you are on a low income, you may be eligible for a court fee remission (Help with Fees), which can reduce or eliminate this charge. You can check your eligibility and apply using the gov.uk Help with Fees tool.

Professional fees for drafting a consent order

This is where consent order costs vary significantly. Below is a realistic overview of what you might pay depending on who you use:

All prices above are for the professional fee only. Add the £62 court fee to each figure to get the total cost of a consent order.

What does Family Law Service charge for a consent order?

At Family Law Service, we offer fixed-fee consent order services designed to give you proper professional support without the traditional solicitor costs. Here is an overview of our current pricing:

Online Clean Break Consent Order – £499

Our Online Clean Break Consent Order is available at a fixed fee of £499. This is suitable for couples who have already agreed their financial settlement and want it drafted correctly and submitted to the court. It includes a professionally drafted order, the D81 statement of information form, and guidance throughout the process.

Premium Consent Order – £2,499

For more complex agreements, including those involving property transfers, lump sums, spousal maintenance, pensions, or multiple assets, our Premium Consent Order service is available at a fixed fee of £2,499. You will always know exactly what you are paying before you commit, with no open-ended hourly billing.

Consent orders with pension sharing

If your agreement involves pension sharing or a pension attachment order, there is additional work involved, including a pension sharing annex and liaison with the pension provider. This is covered within our Premium Consent Order service. Pension sharing orders typically add to the timeline, as most pension providers take two to four weeks to approve the annex before the court application can be made.

Legal advice sessions – from £299

Not sure whether the agreement you have reached is fair? Our fixed-fee legal advice sessions let you speak with a qualified family law professional before you sign anything. A one-hour Legal Advice: Finances session is available at £299. This can be particularly useful if you want to check that a proposed consent order is reasonable before agreeing to it.

“At Family Law Service, we often see people who have already agreed their finances with their ex but then struggle to find affordable help to get it properly documented. A consent order does not have to mean an open-ended bill from a traditional solicitor. What matters is that it is done correctly, covers everything it needs to, and gives you that clean break so you can both move forward.”

Jess Knauf, Co-founder at Family Law Service

What is included in a consent order, and does it affect the price?

The more complex your financial agreement, the more work is involved in drafting it, and therefore the higher the professional fee. Here is a breakdown of the main elements and how they can affect the cost of your consent order:

Clean break clause

Almost all consent orders include a clean break clause. This ends all future financial claims between you and your ex, including claims on future income, assets, or inheritance. For straightforward cases, this is covered within the standard Online Clean Break Consent Order service.

Property adjustment orders

If the family home is being transferred to one of you, sold, or subject to a deferred sale (Mesher or Martin order), this needs to be carefully worded in the consent order. Property transactions add complexity and are best handled through the Premium Consent Order service.

Lump sum orders

Where one party pays a lump sum to the other as part of the settlement, this must be included as a separate clause with clear payment terms.

Pension sharing or pension attachment orders

Pensions are often the most valuable asset after the family home. A pension sharing order legally divides a pension between parties. A pension attachment order (formerly “earmarking”) redirects part of future pension payments. Both require additional documentation and specialist input, and are covered within the Premium Consent Order service.

Spousal maintenance

If one of you will pay ongoing maintenance to the other, the consent order must set out the amount, frequency, and duration, as well as the circumstances in which it can be varied or ended.

Statement of information (D81 form)

Every consent order application requires each party to complete a D81 form (Statement of Information for a Consent Order in relation to a Financial Remedy). This gives the court the information it needs to assess whether the proposed order is fair. Both our consent order services include preparation of the D81 as part of the fixed fee.

Why does a consent order sometimes get rejected by the court?

A judge must review and approve every consent order before it becomes legally binding. The court will not simply rubber-stamp whatever you submit. It has to be satisfied that the agreement is fair and that both parties have provided the required financial information.

Common reasons for a consent order being sent back include:

• The D81 form being incomplete or inconsistent with the order
• The wording of the order being unclear or legally imprecise
• Missing clauses (for example, no clean break recital where one is expected)
• Pension sharing annexes that have not been approved by the pension provider
• Both parties not having signed the order correctly

When a consent order is rejected, it delays the whole process and can mean additional professional fees to redraft and resubmit. Getting it right the first time is always more cost-effective.

Can I do a consent order myself without a solicitor?

Technically, you can attempt to draft a consent order yourself using a template. However, this carries real risks. Family courts expect orders to be worded in precise legal language, and errors in drafting can mean the order is rejected, or worse, approved but later unenforceable.

There is also the question of whether you are getting a fair deal. A consent order locks in your financial settlement. If you later realise the terms were not in your favour, it is very difficult to challenge.

For most people, the right balance is a fixed-fee professional service: you get proper drafting, a D81 check, and someone to spot any problems before they reach the judge, all for a predictable price.

If you are considering going it alone, it can be worth at least booking a fixed-fee legal advice session first to check your proposed agreement before it is drafted. Citizens Advice also offers free general guidance on financial orders after divorce, which can be a helpful starting point.

How long does a consent order take, and does timing affect the cost?

Once a consent order application is submitted to the court, the typical wait for a judicial review is eight to twelve weeks, though this can be longer at busy court centres. The professional drafting work usually takes one to two weeks from when you supply all the required information.

Timing does not usually affect the consent order cost directly, but delays can add cost in some circumstances:

• If you substantially change the agreed terms after drafting has begun, most professional services will charge for the additional work.
• If the pension provider takes longer than expected to approve a pension sharing annex, this extends the timeline but not always the fee.
• If you need urgent processing (for example, because a property sale is imminent), some services offer priority handling for an additional charge.

It is also worth knowing that a consent order can only be submitted after the conditional order stage of divorce has been granted (formerly the Decree Nisi). You do not need to wait for the final order (formerly Decree Absolute), but you do need to be at least at the conditional order stage.

Is a consent order the same as a financial settlement?

These two terms are often used interchangeably, but they are not quite the same thing. A financial settlement is the agreement you and your ex reach about how to divide your assets. A consent order is the legal document that records and enforces that settlement.

You can have a financial settlement without a consent order, but as discussed above, it will not be legally binding. The consent order is what turns your agreement into something a court can enforce if things go wrong later.

A separation agreement is a different document again. It is a private contract between you and your ex, but it does not have the same legal weight as a court order and cannot include pension sharing. For most divorcing couples, a consent order is the better option.

What is the difference between a clean break consent order and a standard consent order?

A clean break consent order includes a specific clause that ends all future financial claims between you and your ex, on both sides. This means neither of you can come back later to claim maintenance, a share of future assets, or any other financial provision.

A standard consent order without a clean break records your current financial agreement but leaves the door open for future claims. This might be appropriate where, for example, one party is receiving spousal maintenance for a set period, and a full clean break is not yet possible.

For most people, a clean break consent order is the preferred outcome. It provides certainty and protects both parties going forward. Where children are involved and child maintenance is in place, a clean break in terms of the financial remedy proceedings is still possible alongside a separate child support arrangement.

What about consent orders for unmarried couples?

It is important to understand that consent orders in the context of financial remedy proceedings are only available to married couples or civil partners who are divorcing or dissolving their civil partnership. Unmarried couples who separate do not have access to the same court process.

If you are an unmarried couple and need to record a financial agreement, a separation agreement (a private contract) may be the appropriate document, or in some cases a declaration of trust for property matters. This is a different service to a consent order and the costs are different too.

(Internal link suggestion: FLS separation agreement or cohabitation advice page)