What Is a Financial Order in Divorce?

Most people think that once the divorce is final, the financial side is automatically dealt with too.

It isn’t.

A divorce legally ends the marriage, but it does not automatically end the financial claims between you and your ex. That means claims over money, property, pensions, savings, inheritance, business assets or future wealth can potentially remain open unless you have a court-approved financial order.

This is one of the biggest misconceptions in divorce.

You can be fully divorced and still have financial claims left open.

In simple terms, what is a financial order?

A financial order is a court-approved document that sets out how money, property, pensions and debts are dealt with after divorce.

If you and your ex have reached an agreement, this is usually dealt with through a consent order.

If there are no assets to divide and you simply want to protect against future claims, this is usually dealt with through a clean break order.

If pensions are being shared, a pension sharing order is needed.

Key points

A divorce ends the marriage, but it does not automatically end financial claims.

A financial order makes your financial agreement legally binding.

A consent order is used when both people have reached an agreement.

A clean break order can help prevent future claims where there are no assets to divide.

A pension sharing order is needed if pensions are being shared as part of the agreement.

A financial order is separate from the divorce application.

Without a court-approved financial order, claims may remain open even after the Final Order has been made.

This guide explains what a financial order is, why it matters, when you need one, and how to get one without spending thousands on traditional solicitor fees.

What does a financial order actually do?

A financial order is a court-approved order that deals with the financial arrangements between you and your ex after divorce.

It can set out what happens to things like:

• The family home

• Savings

• Debts

• Pensions

• Investments

• Lump sum payments

• Spousal maintenance

• Clean break protection

If you and your ex have already reached an agreement, this is usually dealt with through a consent order.

A consent order turns your financial agreement into a legally binding court order. Without one, your agreement is not properly protected, even if you both trust each other and have agreed everything between yourselves.

Why do you still need a financial order after divorce?

Because divorce and finances are separate.

Your divorce ends the marriage. It does not automatically end the financial relationship between you.

That means either person may still be able to make a financial claim in the future, even years after the divorce has been finalised.

There have been well-known cases where financial claims have been made many years after divorce because no proper financial order was in place. Later wealth, lottery wins, inheritances, business success and pension growth can all become part of an argument if financial claims have not been properly closed.

The point is simple:

Without a financial order, the door may remain open.

A court-approved financial order gives you legal protection and peace of mind. It confirms what has been agreed and can prevent either person from coming back later to make further claims.

Is a financial order the same as a consent order?

Not exactly.

A financial order is the general term for a court order dealing with money and property after divorce.

A consent order is a type of financial order used when both people have reached an agreement.

So, if you and your ex agree how your finances should be dealt with, you would normally use a consent order to make that agreement legally binding.

There are different types of financial orders depending on your circumstances:

• A clean break order is usually suitable where there are no assets to divide and you want to prevent future claims.

• A consent order is usually needed where you have agreed how to divide assets such as property, savings, debts or other financial arrangements.

• A pension sharing consent order is needed where a pension is being shared as part of the financial agreement.

• A high net worth consent order may be needed where there are more complex assets, such as businesses, large pensions, multiple properties or significant savings and investments.

What happens if you divorce without a financial order?

You can get divorced without a financial order, but it is risky.

Many people assume that because they have nothing to divide, or because they have already agreed everything, they do not need one.

That is usually a mistake.

Without a court-approved financial order:

• Your financial claims may remain open

• Your ex may be able to make a claim in the future

• An informal agreement may not be enforceable

• One person could change their mind later

• Future assets, inheritance, pensions or business success may be argued over

• You may have no clean break protection

This is why we believe every divorcing couple should consider a financial order, even if there are no assets to divide.

If there are no assets, a clean break order can act like an insurance policy. It gives you lifetime protection against future financial claims for a relatively small fixed cost.

Do I need a financial order if we have no assets?

Yes, you should still strongly consider one.

If you have no property, no savings, no pensions to divide and no other assets, you may think there is nothing to protect.

But the issue is not just what you have now.

It is also about what you may have in the future.

You may later receive an inheritance, build a business, increase your pension, buy a house, improve your income or simply move on financially. Without a clean break order, the risk of a future claim may still remain.

A clean break order is designed to prevent future financial claims after divorce. It is the simplest type of financial order and is usually suitable where there are no assets to divide, or where both people simply want a complete financial separation.

At Easy Online Divorce, our clean break order service is £399, plus the court fee. The court charges £60. We collect £62 at checkout to cover payment processing and bank charges.

Do I need a financial order if we have already agreed everything?

Yes.

Reaching an agreement is a very good start, but an agreement between you is not the same as a court-approved financial order.

For example, you may agree to:

• Sell the family home and split the equity

• Transfer the house into one person’s name

• Share savings

• Divide debts

• Make a lump sum payment

• Split pensions

• Have a full clean break

But until that agreement is put into a properly drafted consent order and approved by the court, it is not fully protected.

A court-approved consent order makes the agreement legally binding. It also gives the court the power to enforce the order if one person later fails to do what they agreed.

This is particularly important because relationships between separating couples can change. People may agree something calmly at the start, then change their mind later when emotions, new partners, money worries or delays get involved.

A financial consent order gives both people clarity and certainty.

Which financial order do I need?

The right financial order depends on your circumstances.

You may need a clean break order if:

• There are no assets to divide

• You do not own a property together

• You do not need to share pensions

• You both want a complete financial separation

• You want to prevent future financial claims

You may need a consent order if:

• You have agreed how to divide property, savings, debts or other assets

• One person is keeping the family home

• The family home is being sold

• A lump sum payment is being made

• You want the agreement to be legally binding

• You want clean break protection included

You may need a pension sharing consent order if:

• One person’s pension is being shared with the other

• A pension provider needs a court-approved pension sharing order before they can act

• Pensions form part of the financial settlement

You may need a high net worth consent order if:

• There are businesses involved

• There are multiple properties

• There are significant pensions, savings or investments

• The financial arrangements are more complex

If you are not sure which order you need, our service finder can point you in the right direction in less than a minute.

How do I get a financial consent order?

To get a financial consent order, you and your ex must first agree how your finances are going to be dealt with.

That agreement then needs to be drafted into a proper consent order and sent to the court for approval. The order must be written clearly and contain the right legal wording so there is no confusion about what has been agreed.

This is important because the court needs to understand exactly what is happening with your money, property, pensions and debts before it decides whether to approve the order.

Once approved by the court, the consent order becomes legally binding.

How does the financial order process work?

With Easy Online Divorce, the process is designed to be simple and fully managed.

Once you order the right financial order service, we send you an online questionnaire to complete. This asks for your current financial positions and the agreement you have reached.

We use that information to prepare:

• The draft consent order

• The D81 Statement of Information

• Any required pension sharing wording, if pensions are being shared

• The court submission documents

The D81 Statement of Information gives the court a before-and-after picture of your finances. It helps the judge understand your current financial positions, what you have agreed, and whether the proposed order appears fair.

Once the documents are ready, we send them to both of you to review and sign digitally. After they have been signed, we submit the order to the court for approval.

If the judge raises any questions, we deal with those as part of the service.

When can a financial order be sent to the court?

A financial consent order can only be submitted to the court once your divorce has reached the Conditional Order stage.

Under the old divorce law, this was called Decree Nisi.

You can start preparing your financial order before then, but the court cannot approve it until the Conditional Order has been made.

That is why it often makes sense to start the financial order process early. If your consent order is prepared in good time, it can be signed and submitted shortly after the Conditional Order is granted. This helps avoid delays and means your divorce and finances can be dealt with in the same overall timeframe.

The order itself usually comes into effect once the Final Order has been made.

How long does a financial consent order take?

The drafting process usually depends on how quickly both people provide the information needed and confirm the agreement.

Once the documents have been signed and submitted to court, approval commonly takes around four weeks, although this depends on court timescales.

The best approach is not to leave the financial order until the end of the divorce.

If you wait until the Final Order has already been made, you may be divorced but still have financial claims left open. That can create unnecessary risk and uncertainty.

How much does a financial order cost?

The cost depends on the type of order you need.

At Easy Online Divorce, our fixed-fee financial order services are:

• Clean Break Order – £399

• Consent Order – £499

• Pension Sharing Consent Order – £599

• High Net Worth Consent Order – £899

The court fee is £60. We collect £62 at checkout to cover payment processing and bank charges. You can check the official court fee information on GOV.UK.

If you also need the divorce handled, we offer divorce and financial order packages, which work out cheaper than buying the services separately.

The main advantage of using a fixed-fee service is certainty. You know the cost upfront.

That is very different from traditional solicitor-led negotiations, where costs can increase quickly if letters go back and forth or the agreement becomes difficult.

If you and your ex are in agreement, or close to agreement, a fixed-fee consent order service can be a much calmer and more affordable way to make your agreement legally binding.

Is it cheaper if we agree our financial settlement?

Yes.

If you and your ex can agree how to divide your finances, the process is usually far cheaper, quicker and less stressful than asking the court to decide.

A fixed-fee consent order can cost hundreds.

A contested financial dispute can cost thousands, and in some cases tens of thousands, especially if both people instruct solicitors and the dispute goes to court.

That does not mean everyone should agree to something unfair just to save money. The agreement still needs to make sense, and the court still has to consider whether it appears fair.

But if you can reach a sensible agreement, getting that agreement drafted properly and approved by the court is usually the most straightforward route.

What if my ex will not agree?

A consent order only works if both people agree.

If your ex refuses to provide financial information, refuses to sign, or you need a judge to decide the outcome, then Easy Online Divorce may not be the right route at that stage.

Our service is designed for couples who are in agreement or who are working towards agreement.

If the financial settlement is contested, you may need mediation, solicitor-led negotiation or a contested financial remedy application instead.

That does not make the fixed-fee route inferior. It simply means it is designed for a different type of case: one where both people want to avoid unnecessary conflict, keep costs under control and get the right paperwork approved by the court.

What should I tick on the divorce application?

When you apply for divorce, you may be asked whether you want to apply for a financial order.

Our general view is that most people should tick yes.

Ticking yes does not mean you are starting a contested court battle. It simply keeps the option open to apply for a financial order as part of the divorce process.

This is especially important because divorce itself does not end financial claims.

Even if you have no assets now, or you are still deciding what to do, ticking yes gives you time to deal with the financial side properly.

If you are unsure, it is usually safer to keep the financial order option open rather than close it off too early.

How Easy Online Divorce can help

Easy Online Divorce helps couples deal with divorce and financial orders without the stress, confusion and high cost of traditional solicitor fees.

We can help you work out which financial order you need, prepare the correct documents, manage digital signing and submit everything to the court for approval.

Our financial order services include:

• Clean Break Orders

• Consent Orders

• Pension Sharing Consent Orders

• High Net Worth Consent Orders

• Divorce and financial order packages

We are SRA-regulated, fixed-fee and UK-based, with an experienced team that deals with these orders every day.

If you are in agreement, or close to agreement, we can help you turn that agreement into a court-approved financial order so you can move forward with proper protection.

If you are not sure which service you need, use our service finder or book a free consultation with a member of our team.

Financial Order FAQs

Do I get a financial order automatically with my divorce?

No.

A financial order is separate from the divorce itself.

Your divorce legally ends the marriage, but it does not automatically deal with money, property, pensions or future financial claims.

If you want your financial agreement to be legally binding, or you want to protect yourself from future claims, you need a separate court-approved financial order.

Unless you buy a specific divorce and financial order package, a financial order is not included as standard with a fixed-fee divorce service.

Do I need a financial order if we have no assets?

Yes, you should strongly consider one.

This is one of the most common mistakes people make.

Even if you have no house, no savings, no pensions to divide and no debts to split, financial claims may still remain open after divorce unless a clean break order is approved by the court.

The risk is not just about what you have now. It is also about what you may have in the future.

A clean break order can help protect future income, inheritance, business success, pensions and other assets from later claims.

Do I need a financial order if we have already agreed everything?

Yes.

Agreeing everything between yourselves is a good start, but it does not give you the same protection as a court-approved consent order.

Without a consent order, one person could change their mind later, refuse to do what was agreed, or potentially make a future claim.

A consent order turns your agreement into a legally binding court order.

Can I get a financial order without being divorced?

You can start preparing a financial order before the divorce is final, but it cannot be approved by the court until you have reached the Conditional Order stage.

Under the old divorce law, this was called Decree Nisi.

This means you need to have started divorce proceedings before the court can approve your financial order.

The financial order usually becomes effective once the Final Order is made.

When should I apply for a financial consent order?

The best time to start preparing your consent order is usually after you have started the divorce and once you know what financial agreement you want to put in place.

You cannot submit the order to the court until the Conditional Order has been granted, but you can prepare the paperwork before then.

This can help avoid delays.

Ideally, your financial order should be ready to sign and submit shortly after the Conditional Order, so your divorce and financial arrangements can be dealt with in the same overall timeframe.

What financial information do we need to provide?

To apply for a consent order or clean break order, the court needs a D81 Statement of Information.

This gives the court a summary of your financial positions and helps the judge decide whether the order appears fair.

You usually need to provide figures for:

• Property equity

• Savings and investments

• Debts and liabilities

• Pension values

• Income

• Any agreed payments or transfers

You do not usually need to provide bank statements, formal property valuations or evidence for every figure when applying for a consent order.

However, the information must still be accurate and honest. If someone deliberately hides assets or misleads the court, the order could be challenged later.

Do we really need to provide financial information if we are not splitting anything?

Yes.

Even if there are no assets to divide, the court still needs enough information to understand the financial position of both people.

That is because the judge has to decide whether the proposed order appears fair.

For a clean break order, the court needs to see that there are no significant assets being overlooked and that both people understand the effect of the order.

Can I get a consent order without my ex’s agreement?

No.

A consent order only works if both people agree.

Your ex must provide their financial information, approve the terms of the agreement and sign the documents.

If your ex refuses to engage, refuses to provide financial disclosure or refuses to sign, then a consent order cannot be submitted.

In that situation, you may need mediation, solicitor negotiation or a contested financial remedy application.

How long does a financial order take to be approved?

Once the order has been drafted, signed and submitted to court, approval commonly takes around four weeks.

This can vary depending on court workload and whether the judge raises any questions.

If the judge asks for clarification or changes, this can add time. With Easy Online Divorce, we deal with court questions as part of the service.

How much does a financial consent order cost?

At Easy Online Divorce, our fixed-fee financial order services are:

• Clean Break Order – £399

• Consent Order – £499

• Pension Sharing Consent Order – £599

• High Net Worth Consent Order – £899

The court fee is £60. We collect £62 at checkout to cover payment processing and bank charges.

Traditional solicitor costs can vary widely and may be significantly higher, especially if there is negotiation, repeated correspondence or disagreement.

The benefit of a fixed-fee service is that you know the cost upfront.

Can I get a financial order after we have divorced?

Yes.

You can apply for a financial consent order after divorce, provided both people still agree.

However, it is usually better to deal with the financial order before applying for the Final Order.

If you get divorced without a financial order, financial claims may still remain open. That can create uncertainty and risk, especially if your financial circumstances change later.

What is the difference between a financial consent order and a separation agreement?

A financial consent order is approved by the court and is legally binding.

If one person does not do what they agreed, the court can enforce it.

A separation agreement is different. It may record what you have agreed, but it is not the same as a court-approved financial order.

A separation agreement can be useful in some situations, especially if you are not ready to divorce yet. But if you are divorcing and want proper legal protection, a financial consent order is usually the stronger option.

How do we reach an agreement on our financial consent order?

You can reach an agreement in several ways:

• Between yourselves

• Through mediation

• With help from a solicitor

• Through a court process if agreement is not possible

Agreeing directly is usually the cheapest and simplest option, but it requires openness and cooperation.

Mediation can help if you are close to agreement but need support working through the details.

If there is a serious dispute, hidden assets, pressure, abuse or one person refuses to cooperate, solicitor advice or a court application may be needed.

Easy Online Divorce is designed for couples who are in agreement or working towards agreement. We help turn that agreement into the correct court-approved paperwork.

Does who was to blame for the divorce affect the financial order?

Usually, no.

Divorce and financial arrangements are separate.

In most cases, the court is not interested in who caused the breakdown of the marriage when deciding whether a financial agreement is fair.

Under no-fault divorce, neither person has to blame the other for the divorce. The financial side is focused on the assets, needs, income, pensions, property and fairness of the proposed agreement.

Can child maintenance be included in a financial consent order?

Child maintenance can be mentioned in a consent order, but it is usually only legally binding for 12 months.

After that, the Child Maintenance Service can become involved and can override the amount agreed between you.

This means child maintenance should be handled carefully, especially if one person is relying on it for mortgage affordability or rental applications.

What is Form A?

Form A is used to start a financial remedy application at court.

If you are applying for a consent order through Easy Online Divorce, you do not usually need to complete Form A yourself because we submit the agreed order directly through the court system.

If your financial arrangements are contested and you need the court to decide the outcome, Form A may be needed. In that situation, you would normally need a solicitor to advise and represent you.

Will the court always approve our financial consent order?

No.

The court does not simply rubber-stamp consent orders.

A judge will review the D81 Statement of Information and the draft order to decide whether the agreement appears fair.

If the judge has concerns, they may ask questions or request changes.

This does not mean the court is trying to create conflict. It means the judge has to make sure both people understand the agreement and that the order is suitable based on the information provided.

What happens if the judge asks questions?

If the court raises questions, we deal with them as part of the service.

Sometimes the judge may ask for clarification, updated figures or a small change to the wording of the order.

This is normal and does not mean the application has failed.

The important thing is that the order is drafted properly, the financial information is clear, and any questions from the court are answered correctly.

What should I do next?

If you are getting divorced, or already divorced, and you do not have a financial order, you should deal with it as soon as possible.

The right order depends on your circumstances.

You may need:

• A Clean Break Order if there are no assets to divide

• A Consent Order if you have agreed how to divide property, savings, debts or other assets

• A Pension Sharing Consent Order if pensions are being shared

• A High Net Worth Consent Order if the assets are more complex

Need help choosing the right financial order?

If you’re not sure whether you need a clean break order, consent order or pension sharing order, speak to a member of our team before you decide.

Call us on 0204 530 8101 or book a free consultation and we’ll help you understand the right next step.

Prefer to check online first? Use our service finder to point you in the right direction.