Specialist Divorce Solicitors – Financial Settlement Specialists
Why does this issue really matter? Many people believe that once their divorce is finalised, all financial ties with their ex are automatically severed. Unfortunately, that is not the case. A divorce ends the marriage, but it does not end financial claims. So, what happens if you don’t get a consent order after divorce?
Unless you have a court-approved consent order (sometimes called a clean break order), your ex-spouse can still make a financial claim against you at any point in the future. For some people this may come as a shock, especially if the divorce took place many years ago.
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What is a consent order?
When it comes to divorce, a consent order is a legal document approved by the court that records the financial settlement reached between you and your ex-spouse.
- It can set out how property, savings, pensions, debts and other assets are divided.
- It can include a clean break clause, preventing either of you from making future claims.
- Once sealed by the court, it is legally binding and enforceable.
Without this, informal agreements — even if written down or agreed amicably — do not provide the same protection. In short, they may not be legally binding.
The risks of not having a consent order
If you never finalised a financial settlement after divorce, you remain financially linked to your ex. And that can prove really risky. This means:
- Future claims are possible – there is no time limit, so your ex could bring a financial claim decades later, eThisven if you have divorced years before.
- New assets are vulnerable – property purchased after divorce, inheritance, lottery winnings or pension growth may still be open to claims.
- Uncertainty in life planning – buying a house, remarrying or planning for retirement can be complicated by the possibility of a claim.
- Stress and cost – defending a claim years later can be expensive and emotionally draining.
No consent order after divorce ?Examples of real-world problems
Here are some typical situations of what can happen if you don’t get a consent order after divorce:
- Divorce with no assets at the time – a couple divorced in their 30s without much to divide. Ten years later, one party had built up a large pension and savings. The ex brought a claim.
- Property purchased after divorce – one person bought a house several years after their divorce. When it was sold, their ex claimed a share of the equity.
- Inheritance – a man inherited money from his parents nearly 20 years after his divorce. His ex made a financial claim on that inheritance.
- Business growth – one partner started a business after divorce which became successful. The ex-spouse later sought a share.
These examples show why it is never too late to take steps to protect yourself. And equally why In many situations, it is never too late for your ex to make a claim against you
Can you get a consent order after divorce?
Yes. You can apply for a consent order even if your divorce was finalised years ago.
The process involves:
- Agreeing a financial settlement with your ex.
- Exchanging for financial disclosure – so both of you know exactly the financial position the other is in. The court will not grant a final order without this information being made available
- Asking a solicitor to draft a consent order in the proper legal form.
- Submitting it to the court for approval by a judge.
The court will not just rubber-stamp an order
It is important to understand that the court does not automatically approve every consent order. A judge must be satisfied that the agreement is fair and that both parties have provided full and honest disclosure of their finances.
And, as mentioned above, no consent order will be available without the court being aware of full financial disclosure by both parties. That means you will need to provide details of your income, property, savings, pensions and debts. If the paperwork is incomplete, or if the settlement appears very one-sided, the judge can refuse to approve it or ask for further evidence. This safeguard exists to ensure that neither party is pressured into an unfair deal and that the final order genuinely resolves financial claims.
Financial disclosure for a consent order
When applying for a consent order, both you and your ex must provide the court with evidence of your financial situation. This process is called financial disclosure. The judge cannot approve the settlement unless they are satisfied that you have both been open and honest about your money and property.
How a consent order protects you
A properly drafted and approved final financial order:
- Draws a legal line under your financial relationship.
- Provides certainty so you can plan for the future.
- Prevents unexpected claims on property, pensions, business assets or inheritance.
- Ensures fairness by recording what you both agreed at the time.
Taking action now
If you divorced without a consent order, it is not too late to put one in place. A family law solicitor can:
- Review your current financial situation.
- Advise you on a fair settlement.
- Draft the necessary documents.
- Submit the order to the court.
The sooner you act, the more protection you have.
No consent order? Our conclusion
A divorce may end your marriage, but it does not automatically end financial obligations. The only way to achieve complete certainty is with a court-approved consent order. Whether your divorce was recent or many years ago, it is wise to take legal advice to protect your assets, your inheritance and your peace of mind.
What happens if you don’t get a consent order after divorce? Frequently asked questions
Q: Do I need a consent order if we already divided everything informally?
Yes. Informal agreements are not legally binding. Without a court-approved consent order, your ex can still make financial claims in the future.
Q: Can my ex make a claim years after our divorce?
Yes. There is no strict time limit. Courts have allowed claims many years after a divorce, particularly if new assets or inheritances are involved.
Q: What is the difference between a consent order and a clean break order?
A consent order records the overall financial settlement. A clean break order is a type of consent order that prevents any future financial claims between you and your ex.
Q: Can I apply for a consent order after the divorce is finalised?
Yes. You can apply for an order at any time after your divorce, as long as both parties agree.
Q: What if my ex will not agree to a consent order?
If you cannot reach agreement, you can ask the court to decide by applying for financial remedy proceedings.
Q: Can my ex claim my inheritance if we did not have a consent order?
Potentially, yes. Inheritances are often at risk where no consent order is in place. Courts may allow your ex to make a claim depending on circumstances.
Q: Does remarriage affect financial claims?
If you remarry without having obtained a consent order, you may lose the right to apply for certain claims against your ex. However, your ex may still be able to make a claim against you.
Q: How much does a consent order cost?
The cost depends on whether the settlement is agreed or contested. A simple agreed consent order is usually far less expensive than court proceedings over finances.
Q: What happens if I ignore the issue?
Without a consent order, your financial ties remain open indefinitely. You may face a surprise claim in the future, even many years after your divorce.
