Last updated: June 2026
by Jess Knauf, Co-Founder, Family Law Service, June 2026.
Quick Summary
- Without a consent order after divorce, your financial claims against each other stay open, sometimes for life.
- Your ex can come back years later and claim against pensions, property, inheritance, business growth or even lottery wins.
- The case of Wyatt v Vince [2015] saw an ex-wife succeed in a claim 19 years after the divorce, despite a verbal agreement.
- A divorce final order ends the marriage. It does not end your financial ties.
- You can get a consent order at any point after divorce, but the longer you wait, the more complicated and expensive it usually becomes.
- A clean break consent order is the only way to fully close off future financial claims between you both.
Consent Order After Divorce
If you do not get a consent order after divorce, your financial claims against each other remain open indefinitely. Your ex can return years or even decades later to claim a share of your pension, property, savings, inheritance or future earnings. A divorce final order ends the marriage, but only a sealed consent order ends your financial relationship.
Getting a consent order after divorce is the single most overlooked step in the entire separation process. People assume that when the final order arrives, everything is done. It is not. Without a sealed financial order from the court, you and your ex remain financially linked, and that link can be used against you years later. If you want a fuller picture of how a clean break works alongside divorce, you can read more here.
This guide explains exactly what happens if you skip this step, what risks you are carrying right now if you have already divorced without a consent order, and what you can do about it.
What Is a Consent Order, and Why Does It Matter?
A consent order is a legally binding document, sealed by the court, that records how you and your ex have agreed to divide finances after divorce. It can cover property, pensions, savings, investments, debts and ongoing maintenance.
Most importantly, a consent order can include what is called a “clean break”. A clean break dismisses all current and future financial claims between you. Without it, the door is left wide open.
Under the Matrimonial Causes Act 1973, the court has wide powers to make financial orders even after a divorce has been finalised. There is no automatic time limit on these claims unless they are formally dismissed by a sealed order.
Divorce Without Consent Order: What Are You Actually Risking?
When people choose divorce without consent order, they usually do it for one of three reasons. They want to save money. They believe a verbal or written agreement is enough. Or they have no assets to divide and assume there is nothing to protect.
Every one of those assumptions can come back to hurt you. Here is what you are actually exposed to.
1. Future financial claims on your assets
Your ex can apply for a financial order at any point, even years after the divorce is finalised. Anything you build up after the split, including new property, savings, pensions, investments and business growth, can be brought into the pot.
2. Windfalls and inheritance
If you inherit money, receive a redundancy payment, get a large bonus, or win the lottery, your ex may have a route to claim against it. This applies even if the windfall happens many years after you divorced, as long as the financial claims have never been dismissed.
3. Pension claims
Pensions are often the most valuable asset in a marriage after the family home. Without a consent order, your ex can apply for a pension sharing order or pension attachment order against pots you built up before, during and even after the marriage. Our pension sharing orders guide explains how this works in practice.
4. Business interests
If you have built or grown a business since the divorce, your ex can argue that it should be considered. This is one of the most common areas where leaving things open causes serious problems later, particularly if the business value has increased significantly.
5. Liability for their debts
It works both ways. Without a clean break, if your ex falls into financial difficulty, they could potentially come to you seeking financial relief through the courts. A sealed order with a clean break protects you both from this kind of claim.
6. Death and the impact on your estate
If you die without a consent order, your ex may have a route to claim against your estate under the Inheritance (Provision for Family and Dependants) Act 1975. A clean break order can extinguish this right and protect what you leave behind for your children or new partner.
“We see this often. Couples who divorced quickly and cheaply ten or fifteen years ago come to us in a panic because their ex has suddenly resurfaced after an inheritance, a redundancy payout or a property windfall. The fix is always more expensive and more stressful than just doing it properly at the time. A consent order is the cheapest insurance policy you will ever buy.”
Jess Knauf, Co-Founder, Family Law Service
Real Case Law: Wyatt v Vince and Why It Matters
The most famous example of the danger of skipping a consent order after divorce is Wyatt v Vince [2015] UKSC 14. Kathleen Wyatt and Dale Vince divorced in 1992. They had no assets at the time, lived a “new age” travelling lifestyle, and made no formal financial settlement.
Years later, Dale Vince founded the green energy company Ecotricity and became extremely wealthy. In 2011, nearly two decades after the divorce, his ex-wife applied for financial provision. The Supreme Court allowed the application to proceed. The case was eventually settled out of court, with Ms Wyatt reportedly receiving a substantial six-figure sum.
The lesson is clear. Time alone does not protect you. Even a 19-year gap, even when there were no assets at the point of separation, was not enough to stop the claim. Only a sealed consent order with a clean break would have closed that door.
Close the Door on Future Claims, From £399
Our fixed-fee online clean break consent order service drafts, files and finalises everything for you. No hourly rates, no surprises, no leaving it to chance.
“But We Have No Assets” Is Not a Defence
One of the most common reasons people skip a consent order after divorce is the belief that there is nothing to protect. No house, no savings, no pension worth fighting over.
The problem is that the test is not what you have today. It is what either of you might have in the future. Careers progress. Inheritances happen. Pensions grow. Businesses are founded. The reason a clean break order exists is to dismiss claims based on a future financial picture, not just the current one.
If you and your ex genuinely have nothing now, that is the easiest and cheapest time to put a clean break in place. A simple online clean break consent order can be obtained quickly and at a fixed fee.
“We Have a Written Agreement” Is Not Enough Either
Lots of people draw up a separation agreement, a memorandum of understanding from mediation, or simply a written agreement signed by both parties. These can be useful documents, but they are not the same as a sealed court order.
A written agreement may be persuasive evidence in court of what you both intended at the time. But it is not legally binding in the same way as a consent order, and it does not stop either of you from applying for a different financial outcome later.
If you reached an agreement through mediation, the Memorandum of Understanding needs to be turned into a consent order and sealed by the court before it has full legal protection.
Mediate UK
Need to Reach an Agreement First?
If you and your ex have not yet agreed how to split things, our sister company Mediate UK can help you get there calmly and quickly, often with a £500 government voucher towards the cost. Once you have an agreement, we can turn it into a sealed consent order for you.
How Long Do You Have to Get a Consent Order After Divorce?
There is no fixed deadline. You can apply for a consent order after divorce at any time, even years later. But there are three good reasons to do it sooner rather than later.
- Your circumstances change: the longer you wait, the more your assets, pensions and income may shift, and the judge will assess fairness based on the current position, not the position at separation.
- Remarriage closes one door: once you remarry, you usually lose the right to apply for most financial orders against your ex. This is known as the remarriage trap.
- Evidence fades: documents go missing, memories blur, and the original agreement becomes harder to prove.
The Remarriage Trap Explained
If you remarry before applying for a financial order, you can no longer make most financial claims against your ex under the Matrimonial Causes Act 1973. This includes claims for lump sums, property adjustment, spousal maintenance and pension sharing.
There is one important exception. The block only applies if you have not already started the financial proceedings before you remarry. So if you have a consent order in progress or have filed Form A before the wedding, you keep your rights.
Importantly, the remarriage trap only blocks you. It does not block your new spouse-to-be. If your ex remarries first and you do not, they lose their right to claim, but you keep yours. This is one of the most common ways people unintentionally walk away from significant sums.
How to Get a Consent Order After Divorce: Step by Step
The process is more straightforward than most people think, particularly if you and your ex already agree on the broad outlines.
Step 1: Agree the financial split
You and your ex need to agree how to divide assets, pensions, debts and any ongoing maintenance. If you cannot reach agreement directly, mediation is usually the next step, and is required before most court applications. Our guide on financial settlement on divorce walks through what a fair split looks like.
Step 2: Exchange financial disclosure
Both of you need to share full information about your income, capital, pensions and debts, usually on a Form E or similar. The judge will not approve a consent order if disclosure is incomplete or looks suspicious. Our Form E service can handle this for you.
Step 3: Draft the consent order and accompanying documents
The draft consent order sets out the legal terms. It is filed with a Statement of Information for a Consent Order (Form D81), and where appropriate a Notice of Application (Form A marked “for dismissal purposes only”).
Step 4: Submit to the court
The court fee for a consent order application is currently £62. A judge reviews the paperwork on the papers, without a hearing in most cases. If they are satisfied that the agreement is fair and disclosure is complete, they will seal the order.
Step 5: Final order on the divorce
The consent order only takes legal effect once the divorce final order is granted. If your divorce is still ongoing, the consent order can be filed but will not be effective until the marriage is formally ended.
What If My Ex Will Not Agree to a Consent Order?
If your ex refuses to engage, you can still apply to the court for a financial order on your own. This is done by filing Form A. The court then sets a timetable for disclosure, negotiation and, if necessary, a final hearing.
Most contested financial cases settle long before a final hearing, often at the first directions appointment or the financial dispute resolution hearing. We can help you with our Form A completion service.
Case Study: The Inheritance That Came Back to Bite
One of our recent clients at Mediate UK – Mark – divorced his wife in 2014. They had a small flat and modest savings, and divided everything roughly 50/50 with a handshake agreement. No consent order was made. In 2023, Mark’s father died and left him £240,000. Within six months, his ex-wife had instructed a solicitor and made a formal financial claim. Because no clean break order existed, the claim could proceed. The matter eventually settled at £48,000, plus £9,000 in legal costs. A clean break order in 2014 would have cost him less than £700.
The True Cost of Skipping the Consent Order
A fixed-fee online clean break consent order from FLS starts at £399. The court fee adds £62. Total cost: under £500.
Compare that to the cost of dealing with a financial claim years later. Even a relatively simple disputed matter can run to £5,000 to £15,000 in legal fees per side. Contested cases reaching final hearings can cost £30,000 or more, on top of any settlement payable to your ex.
If you are unsure where you stand or how strong your position is, our AI Barrister Review can give you a structured assessment of likely outcomes based on the facts of your case.
Already Divorced Without a Consent Order? Here Is What to Do Now
If you have already had your divorce without consent order finalised, do not panic. You can still apply for a clean break consent order now, as long as neither of you has remarried.
- Talk to your ex: explain that a clean break protects both of you from future claims, in either direction. Most people see the sense in it once it is framed this way.
- Get advice on the right form of order: a basic clean break works in many cases, but if there are pensions or property still in joint names, you may need a more detailed order.
- Do it before either of you remarries: the remarriage trap can shut down options very quickly.
- Use a fixed-fee service: this is a relatively simple piece of work and does not justify expensive hourly billing.
Summary
If you do not get a consent order after divorce, your financial claims against each other remain open, potentially for life. Your ex can come back years or decades later and make a claim against your pensions, property, inheritance, business or future earnings. The case of Wyatt v Vince shows just how long this can rumble on, even when there were no assets at the point of separation.
A clean break consent order is the only way to fully close this door. It is straightforward, affordable when done on a fixed-fee basis, and provides certainty for both of you. If you have already divorced without one, it is rarely too late to put it right, but you do need to act before either of you remarries.
Frequently Asked Questions
Is a consent order compulsory in divorce?
No. A consent order is not legally required to finalise a divorce in England and Wales. However, without one, your financial claims against each other remain open indefinitely. Most family lawyers and mediators strongly recommend getting one, even if you have no assets.
How long after divorce can my ex make a claim?
There is no fixed time limit. The case of Wyatt v Vince allowed a claim 19 years after the divorce. The only reliable way to stop future claims is a sealed clean break consent order. Remarriage by your ex can also limit their ability to claim, but it cannot be relied on as a strategy.
Can I get a consent order years after divorce?
Yes. You can apply for a consent order at any point after the divorce has been finalised, provided neither of you has remarried. The judge will assess fairness based on your current financial circumstances, so the longer you leave it, the more complicated the assessment can become.
What is the remarriage trap?
The remarriage trap refers to the rule that once you remarry, you generally lose the right to apply for most financial orders against your ex, including lump sums, property adjustment and pension sharing. The exception is if you started financial proceedings before remarrying.
Does a consent order include child maintenance?
Consent orders can record an agreed level of child maintenance, but the Child Maintenance Service has overriding jurisdiction after 12 months. Either parent can apply to the CMS at any time, and that calculation will take effect regardless of what the consent order says.
How much does a consent order cost?
A fixed-fee online clean break consent order from Family Law Service starts at £399. The court application fee is currently £62. More complex orders involving pensions, businesses or maintenance may cost more, but still typically a fraction of what you would pay a high-street solicitor on an hourly rate.
Can a judge reject a consent order?
Yes. The judge has a duty to check that the agreement is fair to both parties and to any children. If the order looks unfair, or if disclosure looks incomplete, the judge can refuse to seal it or ask for clarification. Using an experienced service to draft the order significantly reduces this risk.
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A clean break consent order is the simplest, cheapest and most important piece of legal protection you can put in place after divorce. Our fixed-fee service handles drafting, court submission and any follow-up questions from the judge, all for a price you know upfront.