CEO
National Family Mediation (NFM)
This article is for informational purposes only and does not constitute legal advice.
When no-fault divorce came into effect in England and Wales in April 2022, it was seen as a much-needed shift toward a more respectful, less confrontational way to end a marriage. And for many couples, it has delivered on that promise—removing blame and encouraging a more constructive path forward.
But here’s the catch: while the legal end of a marriage is now simpler, financial separation is often left unresolved. This misunderstanding can lead to serious complications down the line.
The Common Misconception: Thinking Everything’s Already Settled
With the ability to complete a divorce online in just a few steps, it’s easy to assume that everything—money, property, pensions—is automatically taken care of, especially when the split is amicable.
It’s not.
“A divorce legally ends a marriage, but it doesn’t end the financial relationship between ex-spouses.” – Sarah Hawkins, CEO, NFM
Unless you obtain a court-approved financial consent order, either party can make financial claims in the future—even years after the divorce is finalised.
What Happens Without a Financial Consent Order?
At NFM, we regularly see people return to mediation long after their divorce, unaware that their financial ties were never legally closed. The consequences can be significant:
- A house purchase falls through when a buyer realises their ex could still have a claim on the equity.
- Retirement plans are disrupted by surprise claims on pensions
- Second marriages become legally complicated due to unresolved financial obligations
Without a consent order, your financial past may unexpectedly resurface.
What Is a Financial Consent Order?
A financial consent order is a legal document that formalises the financial arrangements you’ve agreed with your ex. Once approved by a judge, it becomes legally binding and prevents either party from making further financial claims.
You don’t need to go to court in person to get one—but you do need to go through the right process. And while it’s often associated with disputes, it’s just as important when both parties are in full agreement.
Making It Legal: Your Options for Getting a Consent Order
Mediation is often the best starting point, especially for couples who want to avoid unnecessary conflict or legal costs. It helps both parties reach a fair agreement in a calm, structured setting.
Once an agreement is reached, there are several ways to make it legally binding:
- Do it yourself – If you agree on everything and feel confident managing the paperwork, you can draft your own consent order and apply to the court for approval. Guidance is available on the GOV.UK website.
- Get legal advice – A solicitor can review or help draft the order to ensure it’s fair and likely to be accepted by the court. Judges can reject a consent order if they suspect one party may have been disadvantaged.
- Use a solicitor service – At NFM, we offer NFM LegalEyes, a service that connects clients with qualified solicitors who can prepare the consent order – leaving you just needing to submit to Court.
How NFM LegalEyes Works:
- You agree on how to divide finances through mediation.
- A solicitor drafts the consent order and completes the required paperwork.
- You submit the consent order
- If the judge finds it fair, the order is granted—and your financial arrangements are legally finalised.
Help with Costs: Legal Aid and the Mediation Voucher Scheme
Worried about costs? Support is available.
- Legal Aid is still available for family mediation for those who qualify.
- The government’s Family Mediation Voucher Scheme offers up to £500 toward mediation costs for separating families with children.
These schemes make it easier for families to access professional help early—often avoiding more expensive issues later on.
Why Mediation Still Matters—Even with No-Fault Divorce
Some assume that because no-fault divorce removes the need to assign blame, mediation is less important. The opposite is often true.
Mediation:
- Encourages calm, cooperative conversations
- Helps you focus on what’s best for your children
- Reduces long-term legal and financial risks
- Leads to more sustainable, tailored agreements
“Most people going through divorce simply want to move on—securely and with dignity. That means more than ending a marriage; it means drawing a clear legal line under the relationship.” – Sarah Hawkins
Final Thoughts: Don’t Leave Loose Ends
No-fault divorce has simplified one part of the process. But it’s just as important to bring financial clarity and closure to your separation.
If you’ve already divorced without a financial consent order, it’s not too late—you can still apply for one. If you’re just starting out, make sure it’s part of your plan.
Ending a marriage should include ending financial ties—formally, fairly, and for good.
About Sarah Hawkins
Sarah Hawkins is the CEO of National Family Mediation (NFM), the largest provider of family mediation services in England and Wales. A passionate advocate for conflict resolution and family wellbeing, Sarah has over 20 years of experience helping families navigate the emotional and legal challenges of separation and divorce.
📍 www.nfm.org.uk | 📧 info@nfm.org.uk | 📱 @FamilyMediationNFM