Family Law

Consent Order Solicitors in Chester & North Wales

A consent order makes your financial settlement legally binding. Without it, either party is protected, and a claim can be brought against the other years or decades after the marriage ended.

01244 757 352Family Law Hub

A divorce can be agreed, a marriage legally dissolved, and both parties moved on with their lives — and still leave one of the most important legal steps undone. A consent order is the document that makes a financial settlement binding. Without it, neither party is protected, and a claim can be brought against the other years or decades after the marriage ended.

This is not a technicality. It is one of the most commonly overlooked steps in divorce proceedings, and one of the most consequential. PDA Solicitors drafts and files consent orders for clients across Chester, Cheshire, and North Wales — ensuring that what has been agreed is properly formalised and will hold.

What Is a Consent Order?

A consent order is a court order recording the financial agreement reached between two parties on divorce. It is drafted by solicitors, signed by both parties, and submitted to the court for approval. Once approved by a judge, it becomes legally binding on both sides.

A consent order can cover:

  • The division or sale of the family home and any other property
  • Pension sharing or pension attachment orders
  • Lump sum payments between the parties
  • Spousal maintenance — the amount, duration, and conditions for variation
  • A clean break — formally ending all financial claims between the parties

Most consent orders include a clean break clause. This is particularly important: without a clean break order, either party retains the right to make financial claims — including claims against future assets, inheritance, or income — even if years have passed since the divorce.

Why a Consent Order Is Not Optional

Many couples reach an agreement on finances, divide assets between themselves, and consider the matter closed. They may even have the agreement in writing. Without a consent order approved by the court, none of this is legally binding.

The consequences can be serious. There are numerous cases where a former spouse has made a financial claim against the other's assets — sometimes a decade or more after the divorce — because no consent order was in place. Courts have limited discretion to refuse such claims where no order exists, regardless of how long ago the marriage ended or how clearly the parties believed matters were settled.

The risk is not hypothetical. It is a recognised pattern in family law, and it is entirely preventable.

A consent order, properly drafted and approved, closes off those claims permanently.

If you have reached a financial agreement with your former spouse — whether through negotiation, mediation, or solicitors — formalising it through a consent order should be the final step, not an optional one.

How the Consent Order Process Works

The process is more straightforward than many people expect. It does not require a court appearance. In most cases, the consent order can be approved on the papers alone — a judge reviews the terms and, if satisfied they are fair, approves the order without either party attending court.

The steps involved are:

  1. Drafting the order. We draft the consent order to reflect the agreement reached. The document must meet the court's requirements for form and content — this is why it needs to be prepared by a solicitor rather than completed by the parties themselves.
  2. Both parties review and sign. Each party should take independent legal advice on the terms before signing. If your former spouse does not have a solicitor, this is something to consider — courts expect each party to have had the opportunity to understand what they are agreeing to.
  3. Submission to the court. We submit the signed order, together with the required financial statements (Form D81), to the court for approval.
  4. Court approval. A judge reviews the order on paper. If approved, the sealed order is returned — typically within four to eight weeks. If the judge has questions, they may request further information or list a short hearing.

The process from instruction to sealed order typically takes six to ten weeks, depending on court workload. It is significantly faster than contested financial proceedings.

Consent Order Fees at PDA Solicitors

A consent order is one of the more straightforward documents in family law — and the cost of getting it wrong, or not getting one at all, far exceeds the cost of having it properly drafted.

For a straightforward consent order — where the financial agreement is already in place and the assets are relatively simple — solicitor's fees in Chester and North Wales typically run in the range of £600–£900 + VAT. The court filing fee is £53, payable to the court separately. Cases involving pension sharing orders, multiple properties, business assets, or trust structures take more work and are priced accordingly — we will give you an honest estimate before you commit to anything.

If you have assets tied up in property but limited liquid funds, a Sears Tooth agreement may be available — our fees secured against your asset and paid when it is realised. We also offer payment by instalment for clients who prefer to spread the cost.

Martin Dias offers a free 30-minute initial consultation. Use our online assistant on this page to tell us a little about your situation before the call — this ensures the consultation is focused on your specific circumstances rather than general background.

Funding Your Legal Fees

Own a property? You may not need savings to fund your case.

If you jointly own the matrimonial home, a Sears Tooth agreement allows us to secure our fees against your share of the property — meaning no upfront payment is required. Fees are deducted when the property is sold or transferred. This option is particularly suited to non-working spouses or those with limited income.

Explore all funding options

We do not accept legal aid cases. PDA Law is a private client practice. All family law matters are funded privately — through direct fees, payment plans, or a Sears Tooth agreement where applicable.

Martin Dias, Family Law Executive with almost 30 years experience at PDA Law

Your Family Law Specialist

Martin Dias

Family Law Executive

Divorce · Financial Settlements · Children MattersAlmost 30 Years' ExperienceFinancial Remedy & Pension Sharing Specialist

Martin brings almost 30 years of specialist family law experience to every case — divorce, separation, financial settlements and child arrangements. Clients value his straight-talking honesty, patience, and genuine emotional support throughout what is often a very difficult time.

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Consent Orders — Frequently Asked Questions

Do I need a consent order if we've already agreed everything?
Yes — a verbal or written agreement between divorcing parties is not legally binding on its own. Without a consent order approved by the court, either party retains the right to make financial claims against the other at any point in the future, even years after the divorce is finalised. This applies regardless of how clearly the parties believe matters are settled. A consent order is the only way to close off those claims permanently and give both parties lasting protection.
How long does a consent order take?
From instruction to sealed order typically takes six to ten weeks, depending on court workload at the time of submission. This assumes the agreement between the parties is already in place — where terms still need to be negotiated, additional time should be factored in. A consent order does not require a court hearing in most cases; the judge reviews the terms on paper and, if satisfied they are fair, approves the order without either party attending.
Can I do a consent order without a solicitor?
Technically you can draft and submit a consent order yourself, but courts reject a significant proportion of those submitted without legal assistance because they do not meet the required form or contain terms that would not be approved. A poorly drafted consent order can result in delays, additional cost, or — in the worst case — an order the court refuses to approve at all. For a document that is meant to provide lasting legal protection, the risk of getting it wrong is not worth the saving. The court fee is £53 regardless of whether a solicitor is involved.
How much does a consent order cost in Chester?
For a straightforward consent order in Chester and North Wales, solicitor's fees typically run in the range of £600–£900 + VAT, plus the court filing fee of £53. Cases involving pension sharing, multiple properties, or complex asset structures take more work and are priced on the specifics — PDA Solicitors will give you a clear estimate before you commit. We also offer payment by instalment and Sears Tooth agreements for clients with assets but limited immediate funds.
What is a clean break order?
A clean break order is a provision within a consent order — or a standalone order — that formally ends all financial claims between the parties. Once a clean break is in place, neither party can make future financial claims against the other, even if circumstances change significantly (for example, if one party later inherits money or sees a substantial increase in income). A clean break is not always appropriate — where one party cannot be financially independent immediately, maintenance may be needed — but where circumstances allow it, a clean break provides the most complete form of financial separation.
What happens if my former spouse won't sign a consent order?
A consent order requires both parties to sign. If your former spouse refuses to engage with the process, the alternative is to apply to the court for a financial remedy order — a contested process in which the court determines the financial arrangements rather than approving an agreement. This is more expensive and takes longer. In some cases, the threat of contested proceedings — and the costs that come with them — is itself sufficient to prompt engagement. If you are in this situation, it is worth taking advice on your options at an early stage.

Get Your Financial Settlement Properly Protected

If you have reached a financial agreement on divorce but have not yet formalised it through a consent order, now is the time to act. The longer the agreement sits unprotected, the greater the risk — and the more complicated things become if either party's circumstances change.

Call 01244 757 352Use our contact form

Or speak to our online assistant now — tell us a little about your situation and we will let you know what is involved and what it will cost before you commit to anything.