Iain Boyle
April 2026
Personal Law
Reaching an agreement with your spouse/former spouse is often the most positive and cost-effective way to resolve your financial affairs. It allows both parties to move forward with their lives without the emotional stress and uncertainty of a contested court battle.
While ‘Financial Remedy’ is the formal legal term for sorting out money and property on divorce, doing so by agreement is known as a ‘Consent Order’. Our family law solicitors frequently assist clients in formalising these agreements to ensure they are robust and legally sound.
An agreed financial settlement occurs when you and your spouse decide how to divide your assets without asking a judge to make the final decision for you. This includes assets such as the family home, pensions, savings, investments, and any other property.
Such an agreement can be reached through direct discussions, solicitor-led negotiations, or mediation. Once you have reached an agreement on all terms, the next step is to have a divorce solicitor convert that agreement into a formal Financial Remedy Order by consent, i.e. a Consent Order.
It is important to understand that a private agreement or verbal understanding between spouses is not legally binding in the eyes of the court. Without a court-approved order, the parties’ respective financial claims on divorce remain open and unresolved.
This lack of legal finality means that either party could change their mind or seek to renegotiate at any time. Furthermore, your former spouse could potentially make a financial claim against you many years in the future, even if you have already divided your assets by mutual consent.
To make your agreement binding and legally enforceable, it must be approved by the court. Before this is possible, the following steps must be taken:
Before reaching any settlement, both parties should provide a full and clear picture of their finances. This ensures that any agreement is entered into with full knowledge of the facts and that you both fully understand the value of what is being divided. One of our divorce solicitors can help you review this disclosure to ensure nothing important has been overlooked.
Your divorce solicitor will draft the Consent Order containing the terms of agreement. This document uses specific legal language to set out clearly who gets what and any timescales for the transfer of property or payment of money.
Most Financial Remedy orders include a ‘Clean Break’ clause. This is a vital part of the order that legally severs your financial ties. It ensures that neither of you can make any further claim against the other’s assets or future earnings. This is particularly important if you are due to receive an inheritance or anticipate acquiring further assets in the future.
Once agreed, the signed Consent Order is sent to the court along with a summary of your respective financial positions. A judge will review the document to ensure it is fair to both parties and any children involved. In most cases, you will not need to attend court. The judge will review the paperwork and, if satisfied, will seal the order to make it legally binding.
Depending upon what has been agreed, you may require assistance with putting the terms of an order into effect. For example, if your agreement contains provision for a Pension Sharing Order or a transfer of property ownership, it is important that the correct procedure is followed and our divorce solicitors can help you to navigate this.
Control: You and your spouse decide the outcome rather than leaving it to a judge who does not know your family personally.
Speed: An agreed order is significantly faster than going through the contested court process.
Cost: It is much more cost-effective to pay for the drafting of a Consent Order rather than the costs of contested court proceedings.
Amicability: Reaching an agreement helps maintain a better relationship for the future, which can be especially important if you are co-parenting.
Even if you have already agreed terms of settlement with your spouse, the wording of a Consent Order is highly technical. It must be handled correctly to be accepted by the court and to ensure you are fully protected.
Our team of family law solicitors can help by reviewing your agreement to ensure it is fair, drafting a robust order that protects your interests, and achieving a complete Clean Break.
Contact our family law team today to find out how we can help you formalise your agreement and secure your financial independence.
