We have agreed the finances after divorce. How do we make the agreement legally binding?

Short answer

A verbal or written financial agreement between divorcing spouses is not legally binding until it is turned into a court order — called a consent order — and approved by a judge. Without a consent order, either party can return to court for financial provision years later, even after remarriage by the other.

Applying for a consent order requires both parties to complete a Form A (application for a financial order) and a draft consent order, supported by a short summary of their financial positions. A judge approves the order without a hearing in straightforward cases.

1 The rule

The court's power to make financial orders on divorce is contained in Part II of the Matrimonial Causes Act 1973. A consent order converts an agreed settlement into a binding court order enforceable through the court's contempt powers.

The court will only approve a consent order if it is satisfied the terms are fair, having regard to the factors in s.25 of the Act — the welfare of children, each party's resources and needs, contributions, and the duration of the marriage.

2 What you can do now

1. 1
   Reach a full financial agreement

   Both parties must agree on all financial matters: the family home (sale, transfer, deferred sale, or mortgage-free occupation), any other property, savings and investments, pensions, maintenance (periodical payments), and any lump sum payments. It is strongly advisable to get specialist legal advice before agreeing — what seems fair informally may not reflect your legal entitlement.

2. 2
   Complete financial disclosure

   Both parties must complete Form E — the standard financial statement used in all financial remedy proceedings. Even for consent orders, the court requires a summary of the financial positions of both parties so it can assess whether the proposed terms are fair. Failure to make full and frank disclosure can result in the order being set aside, even years later.

3. 3
   Draft the consent order

   A solicitor should draft the consent order — it is a technical legal document that must accurately reflect the agreement and be in the prescribed form. It must specify every order clearly: for example, the transfer of a property by a specific date, the pension sharing percentage, the clean break terms, and any ongoing maintenance. An ambiguous order is difficult or impossible to enforce.

4. 4
   File the application with the court

   File Form A (application for a financial order), the draft consent order signed by both parties, and a D81 (statement of information for a consent order) at the Family Court. The court fee is currently £53. The judge reviews the papers — no hearing is needed in straightforward cases — and either approves the order by endorsing it, or asks questions before doing so.

5. 5
   Receive and implement the order

   Once approved, the consent order is sealed and sent to both parties. It is then a court order with the same force as one made after a contested hearing. Each party must comply with their obligations by the dates specified. If the other party fails to comply, enforcement proceedings can be brought — including applications to the court for attachment of earnings, charging orders, or contempt proceedings.

3 When this does not apply

• You have already remarried before applying for a financial order — remarriage bars certain claims under the Matrimonial Causes Act 1973, s.28(3). Take urgent advice.
• The divorce is not yet finalised — the court cannot make a financial order until the conditional order (formerly decree nisi) has been made.
• The marriage was very short and neither party has significant assets — informal separation may be practical, but is not legally safe.
• One party is not engaging with disclosure — a unilateral application (not a consent order) may be needed.

4 Common questions