If you have reached a financial agreement through mediation, you have already done the hardest part.
The next step is to protect that agreement by turning it into a legally binding consent order.
This is important because an agreement reached in mediation is not legally binding on its own. Until it has been approved by the family court, either person could change their mind or go back on what has been agreed.
The good news is that if you have already reached agreement, the next step is usually much simpler than people expect. In this guide, we explain what happens next, what role the court plays, and how Easy Online Divorce manages the consent order process through to approval.
What Should You Do After Reaching Agreement in Mediation?
After reaching a financial agreement in mediation, the next step is usually to turn that agreement into a consent order and ask the family court to approve it.
A mediation agreement is not legally binding on its own. Once the consent order is approved by the court, it becomes legally binding, provides a financial clean break, and prevents either party from changing their mind or going back on what has been agreed.
Watch: What Happens After Mediation?
In this short video, James Brien explains what happens after you reach a financial agreement in mediation, why the agreement is not legally binding on its own, what role the court plays, and how the consent order process works.
Is a Mediation Agreement Legally Binding?
No. An agreement reached in mediation is not legally binding on its own.
Mediation helps you reach an outcome. A consent order is what turns that outcome into a court-approved financial order.
This is important because until the agreement is approved by the court, either person could change their mind or go back on what has been agreed.
If you have worked hard to reach an agreement through mediation, the consent order is the step that protects that agreement.
How to Get a Consent Order After Mediation Without Starting Again
If you have already reached agreement through mediation, the next stage is usually much more straightforward than many people expect.
You do not need to start the negotiation again. You do not need to go back over everything from scratch. The main job now is to turn the agreement you have already reached into the correct legal paperwork and ask the court to approve it.
With Easy Online Divorce, you complete a simple online questionnaire to get started. If you already have an open financial statement, mediation summary, memorandum of understanding, written agreement, or similar document, you can use that information to complete the questionnaire.
For most clients, this takes around 15 minutes.
Once we have the information, our award-winning UK-based team prepares the required court documents and manages the court submission process through to approval.
What Is a Consent Order?
A consent order is the legal document that records the financial agreement you have reached.
Once approved by the court, it makes the agreement legally binding. It provides absolute certainty about what will happen financially and prevents either party from changing their mind or going back on what has been agreed.
A consent order can deal with property, savings, pensions and debts, and provides a financial clean break, protecting you both from further claims in the future.
Why a Financial Clean Break Matters After Mediation
A financial clean break means that, once the agreement has been approved and carried out, neither person can come back in the future and make further financial claims against the other.
This matters even if you are divorced.
Divorce ends the marriage, but it does not automatically end the financial claims between you. That is why getting the financial order approved matters.
For many couples, the goal is not just to record what has been agreed. It is to make sure both people can move forward knowing the financial side has been dealt with properly.
What the Court Looks at Before Approving a Consent Order
When your consent order is sent to the court, the judge is not being asked to renegotiate your agreement or decide what they would have done differently.
However, the court cannot approve an agreement simply because both people have agreed to it. The agreement must be fair.
The court’s role is to review the agreement and decide whether it is fair based on the financial information provided.
If the judge is satisfied that the agreement is fair, they will approve it. If they are not satisfied, they may ask for further clarification, request more information, or raise questions about how the agreement was reached.
Court approval is not automatic. Even when both people agree, the judge still needs to be satisfied that the agreement is fair in the circumstances.
This protects both parties and helps make sure the agreement is fair before it is approved.
What Is the D81 Statement of Information?
The D81 Statement of Information is one of the key documents sent to the court with the consent order.
It gives the court a financial snapshot of both parties. It shows your current financial positions and also what the financial picture will look like once the terms of the agreement have been carried out.
The judge reviews the consent order, the D81 and the reasons behind the agreement to decide whether the arrangement appears fair and should be approved.
This is why the agreement needs to be presented clearly and properly. The judge is not there to rewrite your agreement, but they do need to understand what has been agreed and why.
Will the Judge Change Our Agreement?
This is a common worry.
The judge is not there to rewrite your agreement or tell you what they would have done instead.
If the court is satisfied that the agreement is fair, it will usually be approved. If the judge has concerns, they may ask questions or request further clarification.
This does not mean you are handing the decision over to the court. You are asking the court to approve the agreement you have already reached so it becomes legally binding.
You Do Not Need to Start Again With Opposing Solicitors
If you have already reached a financial agreement through mediation, there should be no reason to start again with opposing solicitors.
The hard part has already been done: you have reached agreement.
The next step is to have that agreement drafted properly into a consent order, supported by the required court documents, and submitted to the court in the correct way.
By avoiding the need for both people to instruct opposing solicitors, the process can usually be much simpler, less confrontational and more affordable.
Easy Online Divorce exists for exactly this reason. We provide a fixed-fee alternative for couples who have reached agreement and want the legal paperwork handled properly without unnecessary conflict or cost.
We Do Not Reopen the Mediation Agreement
Our role is not to reopen the negotiation or undo the work already done in mediation.
Our role is to take the agreement reached, prepare the legal paperwork, and submit it to the court in the correct way.
This makes the process a natural next step after mediation: the agreement has already been reached, and the focus is now on turning it into the correct legal paperwork for court approval.
How Easy Online Divorce Makes the Next Step Simple
Easy Online Divorce is an SRA-regulated, fixed-fee online divorce and consent order service.
We provide a clear, affordable alternative to traditional solicitor costs, with expert support from a UK-based team.
Once you complete the online questionnaire, our team prepares the required court documents and deals with the court process through to approval.
For couples who have already reached agreement, we provide a simple and cost-effective way to move from mediation to legal protection.
How the Process Works
Step 1: Complete the Online Questionnaire
You complete a simple online questionnaire with the details of your financial agreement.
If you already have an open financial statement, mediation summary, memorandum of understanding or written agreement, you can use that information to complete the questionnaire.
For most clients, this takes around 15 minutes.
Step 2: Our Team Prepares the Documents
Our award-winning UK-based team prepares the consent order and supporting court documents, including the D81 Statement of Information.
Step 3: Both Parties Review and Sign Digitally
Both parties review the documents and sign them digitally, making the process simple and convenient.
Step 4: We Submit the Application to Court
We manage the court submission process and deal with the application through to approval.
Step 5: The Court Reviews the Agreement
A judge reviews the consent order and D81. If satisfied that the agreement is fair, the court approves the order.
Once approved, the agreement becomes legally binding.
Step 6: You Can Finalise Your Divorce
Once the consent order has been approved and you are eligible to apply for your Final Order, you can finalise the divorce knowing the financial agreement has been dealt with properly.
Ready to Make Your Mediation Agreement Legally Binding?
If you have reached a financial agreement through mediation, you have already done the hardest part.
The next step is to protect that agreement with a court-approved consent order.
Easy Online Divorce can prepare the required court documents and manage the court submission process through to approval.
Frequently Asked Questions
Is a mediation agreement legally binding?
No. An agreement reached in mediation is not legally binding on its own. It needs to be turned into a consent order and approved by the court.
What happens after we reach agreement in mediation?
The next step is usually to have the agreement drafted into a consent order and submitted to the court for approval. Once approved, the agreement becomes legally binding.
How much does a consent order cost after mediation?
At Easy Online Divorce, our fixed-fee consent order services start from £399 for a Clean Break Order, £499 for a Consent Order, and £599 for a Pension Sharing Consent Order. The court also charges a £60 fee to submit a consent order application.
If you are not sure which type of order you need, you can book a free consultation and a member of our team will explain the right option.
Can either person change their mind after mediation?
Until the agreement is approved by the court, either person could change their mind or go back on what has been agreed. A court-approved consent order protects the agreement and gives both people legal certainty.
What does a consent order cover?
A consent order can deal with property, savings, pensions and debts, and provides a financial clean break, protecting both parties from further claims in the future.
Does a consent order provide a financial clean break?
Yes. A properly drafted and court-approved consent order can provide a financial clean break, protecting both parties from future financial claims.
Will the court automatically approve our consent order?
No. Court approval is not automatic. The judge must be satisfied that the agreement appears fair based on the financial information provided.
Can the judge change our agreement?
The judge is not there to rewrite your agreement. If the court has concerns, the judge may ask questions, request clarification or ask for more information.
What is the D81 Statement of Information?
The D81 Statement of Information gives the court a snapshot of both parties’ financial positions before and after the agreement is carried out. It helps the judge decide whether the agreement appears fair.
Do we need to use opposing solicitors after mediation?
Not always. If you have already reached agreement, Easy Online Divorce can prepare the consent order and supporting court documents for a fixed fee.
How long does the online questionnaire take?
For most clients, around 15 minutes, especially if they already have an open financial statement, mediation summary, memorandum of understanding or written agreement.
Can we use our mediation documents?
Yes. If you have a mediation summary, open financial statement, memorandum of understanding or written agreement, that information can usually be used to complete the online questionnaire.
