They Trusted Each Other but Still Chose a Consent Order
You may be divorced, but without a consent order, your finances may not be settled.

People kept telling us we were doing it the right way. "Amicable," they'd say, nodding like it was some rare achievement. And I suppose it was. After eighteen years together, fourteen of them married, David and I had somehow managed to come apart without the kind of warfare that other people described. No screaming rows in the kitchen. No solicitor's letters that made my stomach drop when I found them on the mat. We'd sat at the dining room table, the same table where we'd eaten a thousand dinners with the kids, and we'd talked. Calmly. Honestly. With a pot of tea between us.
That's not to say it wasn't painful. It was. But the pain was quiet, more like a slow deflation than an explosion, and we'd both accepted by then that the marriage had run its course. We still liked each other. Still trusted each other. That's the part people find surprising.
So when friends asked whether we were getting lawyers involved, I'd almost feel embarrassed saying yes. Like admitting we needed a written agreement was some kind of contradiction. If you trust him, why do you need paperwork? One woman at work actually said that to me. I remember standing in the kitchen at the office, holding a mug of tea I didn't want, trying to explain something I wasn't entirely sure I could articulate.
The truth is, it wasn't about distrust. It was about life.
Our finances weren't complicated in the way that hedge fund divorces are complicated, but they weren't simple either. We had the house, which we'd bought together in 2009 and which had gone up considerably in value. We had pensions, both of ours, and David's was considerably larger because he'd been in a final salary scheme for years and I'd taken time out when the children were small. We had some savings and a small amount of debt, and we had two children, Mia and Joe, who were nine and thirteen at the time.
A friend who'd been through a separation a few years earlier had mentioned a consent order. She'd said it in passing, almost like it was obvious. "You have to get a consent order, otherwise either of you can come back for money years later." I'd stored that away somewhere and hadn't thought much more about it until we were further down the line and things were starting to feel more real.
We'd already done one session with a mediator, mainly to sort out the arrangements for the children. That process had been easier than I'd expected. Sitting in a neutral room with someone whose job it was to help us hear each other clearly, there was something almost relieving about it. No one trying to win. Just two people trying to work out the most sensible way to keep being parents together.
The financial side came next.
I remember being nervous going into those sessions, not because of David but because of the numbers. I've never been brilliant with money, not in a reckless way, but it's always made me feel a bit panicked, and I was frightened I'd agree to something without properly understanding what I was agreeing to. The mediator was good at slowing things down. When I felt that particular kind of fog descending, she'd pause and reframe. She'd ask questions like, "Is that something you feel clear on, or would it help to talk through how that might look in five years?" That kind of thing.
We worked out a split that felt fair to both of us. David would buy out my share of the equity over time, which suited us both because he wanted to stay in the house and I wanted to be able to put something towards wherever I'd end up. The pension situation took longer. We had an actuary look at the values and we decided to offset rather than share, which meant I'd take more of the equity instead of a portion of his pension. Neither of us particularly wanted to get into pension sharing orders if we could avoid it, and offsetting felt cleaner.
By the time we'd reached agreement, I felt genuinely okay about it. More than okay, actually. I felt like we'd done something properly.
But it was the solicitor who put it plainly, when I went to have the agreement formalised. She said, without any fuss: "An agreement you've both made is only as binding as your goodwill towards each other on any given day. A financial consent order approved by the court is binding full stop." I'd needed to hear it said that directly.
What she meant, and what I hadn't quite grasped before, is that without a clean break order, the financial ties between you don't automatically end when you divorce. If David won the lottery, technically, I could still make a claim. If I inherited money or came into something significant, the same applied in reverse. We'd both moved on emotionally. We both wanted to move on legally. And the only way to actually do that was to have the agreement sealed by the court.
Joe, who was thirteen and had all the casual bluntness that thirteen-year-olds manage so effortlessly, asked me one evening what all the paperwork was about. He'd seen some documents on the side in the kitchen and wanted to know if it was something to do with the divorce. I told him yes, that Dad and I were just making sure everything was sorted out properly so that we could both get on with things. He thought about this for a moment.
"Like a receipt," he said.
I laughed. "Exactly like a receipt."
The process of drafting the fixed fee consent order itself was fairly straightforward once we had a clear financial agreement in place. The solicitor I used drafted it, David had his own solicitor check it over, and then it was submitted to the court for approval. A judge considers whether the terms are reasonable, which isn't the same as negotiating it all over again. It's more like having someone independent check that neither party has agreed to something wildly unfair without realising. Ours went through without any issues.
There's a thing that happens when you finally get the sealed order back. I'd expected to feel neutral about it, or maybe relieved in a procedural kind of way. What I actually felt was something lighter than that. A settling.
I think what the consent order gave us, beyond the legal protection, was the ability to properly let go. All the loose threads, the what ifs, the possibility that something could unravel, it all got tied off. We could get on with being good parents, and on good terms, without this vague financial uncertainty hanging around in the background.
We still talk, David and I. We message about the kids most days. Last month we both went to Mia's school play and sat in the same row, which felt completely normal, and I noticed a couple of other parents noticing us with what I can only describe as slightly confused admiration. I wanted to tell them it wasn't magic. It was just two people who'd decided to do the difficult thing carefully rather than quickly.
Getting the order wasn't about preparing for a battle. It was about making sure there never would be one.
This story is based on real experiences of separation and financial settlement, with all identifying details changed to protect confidentiality.
About the Creator
Jess Knauf
Jess Knauf is the Director of Client Strategy at Mediate UK and Co-founder of Family Law Service. She shares real stories from clients to help separating couples across the UK.
Jess is author of The Divorce Guide in England & Wales 2016.



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