Consent Orders
Drafting and sealing court consent orders to make a negotiated financial agreement legally binding and enforceable — the only way to finalise a financial settlement with certainty.
Financial Settlements
The divorce order says nothing about money. Dividing the family home, pensions, savings and business interests requires separate financial remedy proceedings under the Matrimonial Causes Act 1973 — submit your request and a specialist solicitor will advise on what you are entitled to.
Common Situations
Verbal or written agreements between spouses have no legal force until sealed by a court as a consent order. A solicitor drafts and files the order — only then is the settlement enforceable and your financial exposure closed.
Full and frank financial disclosure is a legal obligation in financial remedy proceedings. A solicitor can compel disclosure through Form E, apply for a freezing injunction to protect assets at risk of dissipation, and obtain third-party disclosure orders against banks and employers.
Form E is the mandatory financial disclosure document in financial remedy proceedings. It covers all assets, income, pensions, debts, and housing needs. Getting it wrong — or missing the 28-day deadline — can prejudice your case. A solicitor ensures it is complete, accurate, and strategically presented.
What We Cover
From negotiating a consent order to contested final hearings — submit any of these matters and a specialist family finance solicitor will be in touch.
Drafting and sealing court consent orders to make a negotiated financial agreement legally binding and enforceable — the only way to finalise a financial settlement with certainty.
Transfer of the family home, deferred sale orders (Mesher and Martin orders), and buyout arrangements — including where one party lacks mortgage capacity to buy out the other immediately.
Dividing pension funds — defined benefit (final salary) and defined contribution — using cash equivalent transfer values (CETVs) and actuarial advice to achieve a fair and workable outcome.
Permanently ending all future financial claims between former spouses — maintenance, lump sums, and claims on future assets — so both parties can move on with legal certainty.
Spousal maintenance orders, term maintenance (time-limited), and nominal orders — including variation of existing maintenance orders where circumstances have changed.
Emergency applications to freeze assets at risk of being disposed of, transferred, or dissipated before a financial settlement is reached — available on short notice where there is evidence of risk.
Why It Matters
Several errors in the financial remedy process are irreversible. Early legal advice prevents outcomes that no subsequent court application can fix.
Many people believe that divorce automatically divides assets. It does not. Financial claims survive the final order indefinitely — the only way to close them is a sealed consent order or a contested financial remedy order. Without one, your former spouse can claim against your future assets, salary, and inheritance.
The Family Court applies section 25 of the Matrimonial Causes Act 1973. The first consideration is the welfare of any children. The court then weighs income, earning capacity, financial needs, standard of living, contributions, and conduct. Equal division is common in long marriages but far from automatic — legal advice before negotiating is essential.
The cash equivalent transfer value (CETV) of a defined benefit pension does not reflect its true value. An actuarial report may show it is worth significantly more than its CETV — particularly police, NHS, and teacher pensions. Settling without specialist pension advice can mean accepting far less than you are entitled to.
If your spouse failed to disclose an asset and a consent order has been sealed, the order can be set aside — but only within a limited period and only with evidence. A solicitor advises on what to look for during disclosure and how to challenge a settlement where fraud or non-disclosure is suspected.
The Process
Most financial remedy cases settle at or before the Financial Dispute Resolution (FDR) hearing. Only a minority proceed to a contested final hearing — but preparation from the outset determines whether you settle on fair terms.
Before issuing a financial remedy application you must attend a MIAM (unless an exemption applies). The mediator assesses whether mediation is suitable. Many cases settle through mediation — saving time, cost, and conflict compared with court proceedings.
The formal application to the Family Court (Form A) triggers the court timetable. Both parties exchange Form E — full and frank financial disclosure covering all assets, income, pensions, debts, and housing needs — within 35 days of the first directions appointment.
The judge reviews Form E from both parties, identifies areas of dispute, and gives directions — including whether expert reports (pension actuaries, property valuers) are needed. Most cases do not settle at the FDA but the hearing narrows the issues.
A judge gives a non-binding indication of the likely outcome if the case went to trial. The vast majority of cases settle at or around the FDR. Offers made at the FDR are without prejudice — the FDR judge cannot preside over any subsequent hearing.
If the FDR does not produce agreement, a contested final hearing takes place before a different judge who has full powers to impose an order. This is the most expensive stage — most solicitors work hard to settle before reaching it. The judge's order is final and binding.
Information That Helps
The clearer your summary, the easier it is to identify the right specialist and assess the complexity and urgency of your matter.
Whether divorce proceedings have been issued and what stage you are at (conditional order / final order).
Approximate value of the family home and outstanding mortgage, and whether it is in joint or sole names.
Whether either party has a pension — type (defined benefit or defined contribution) and approximate current value if known.
Significant assets — savings, investments, business interests, rental property, inheritance received or expected.
Whether financial remedy proceedings have already been issued (Form A filed) and any upcoming court dates.
Any concerns about asset dissipation or non-disclosure — offshore accounts, property transfers, or business restructuring since separation.
Submitting the form does not create a solicitor-client relationship and does not replace legal advice.
Common Questions
No. The starting point is fairness, not equality. In long marriages equal division is common, but the court applies section 25 of the Matrimonial Causes Act 1973 — weighing financial needs (particularly housing and income), contributions, standard of living, earning capacity, and the welfare of any children. Short marriages and non-matrimonial assets (pre-marital savings, inheritances) often lead to unequal divisions.
Form E is the standard financial disclosure document used in all financial remedy proceedings. It covers property, mortgages, bank accounts, savings, investments, pensions, business interests, debts, income, and housing needs. Both parties complete it and exchange simultaneously. Providing false or incomplete information in Form E is contempt of court.
Pensions are matrimonial assets — both parties' pensions accrued during the marriage are generally shareable. Options include pension sharing (a percentage of one party's pension is transferred into the other's own pension scheme), pension offsetting (one party keeps the pension, the other receives a larger share of another asset), and pension earmarking (a share is paid when it becomes payable). Defined benefit pensions often require actuarial advice to ensure their true value is properly reflected.
A Mesher order allows one party (usually the parent with primary care of children) to remain in the family home until a trigger event — typically the youngest child reaching 18 or finishing full-time education — after which the property is sold and proceeds divided according to the order. It protects the children's stability without requiring an immediate sale. A Martin order is similar but the trigger is the occupying spouse's death or remarriage rather than the children reaching adulthood.
Full financial disclosure is a legal obligation in financial remedy proceedings. If you suspect non-disclosure, a solicitor can apply for third-party disclosure orders against banks, HMRC, or employers. A freezing injunction can be sought urgently to prevent dissipation of assets. If a consent order is already sealed and non-disclosure later comes to light, an application to set aside the order may be possible — but time limits apply.
Costs depend heavily on how contested the case is. A straightforward consent order drafted by solicitors costs a fraction of a contested final hearing, which can run to tens of thousands of pounds per party. The FDR hearing settles the majority of contested cases — a good settlement at FDR avoids the expense of a final hearing. Solicitors advise on costs at the first consultation and many offer fixed-fee work for specific stages.
How It Works
You do not need to know the exact legal terminology or stage you are at. Describe the situation — assets, any court dates, and any concerns about the other side — and your request will be reviewed.
Submit Your RequestUse the form to outline your financial remedy matter — the assets involved, where you are in proceedings, and any urgency around court dates or asset risk.
Your matter is reviewed with complexity, urgency, and location in mind. Cases involving asset dissipation risk, imminent hearings, or final order deadlines are prioritised.
A family finance specialist contacts you for a free initial consultation — advising on your entitlements, the likely process, and the realistic range of outcomes for your situation.
Financial Settlements Solicitors
Describe your situation once and a specialist family finance solicitor will be in touch for a free initial consultation.
Submit Your Request