When going through divorce, understanding the right order of legal steps can make all the difference. One common point of confusion is the relationship between a Consent Order and the Decree Absolute. Which comes first? Why does it matter? And what happens if you get the timing wrong?

This guide will walk you through everything you need to know — including the purpose of each document, how they affect your financial future and why timing matters more than many people realise.

What Is a Consent Order?

A Consent Order is a legal document approved by the court that outlines how a divorcing couple has agreed to divide finances. This might include:

Once approved by a judge, the Consent Order becomes legally binding. Without it, even a mutual agreement can be challenged in future. It gives you clarity, legal protection and peace of mind.

A well-drafted Consent Order ensures both parties are clear on the terms and prevents future financial claims even many years after the divorce.

What Is a Decree Absolute?

The Decree Absolute is the document that legally ends your marriage. It follows the Decree Nisi, which confirms the court sees no reason why the divorce can’t go ahead. After waiting a minimum of six weeks and one day from the Decree Nisi, either party can apply for the Decree Absolute.

Once granted, the divorce is final. This changes your legal status and affects certain rights you held as a spouse.

For example:

  • You no longer have the automatic right to inherit from your former partner’s estate
  • Pension rights may shift, depending on whether a Consent Order is in place
  • The ability to claim spousal maintenance may be more complex to enforce

Why Timing Matters

You can apply for a Consent Order after the Decree Nisi. But if you apply for the Decree Absolute before the Consent Order is approved, you risk losing certain financial protections:

  • Pension rights might be affected depending on marital status
  • Inheritance rights as a spouse end once the marriage is legally dissolved
  • Clean break settlements become harder to enforce if one party passes away post-divorce

That’s why most family lawyers including the team at Holland Family Law recommend securing the Consent Order before applying for Decree Absolute.

Taking this step ensures that your financial settlement is formalised while your legal relationship still exists, reducing uncertainty and avoiding costly problems later.

How the Process Typically Works

  1. You and your ex-partner reach agreement on financial arrangements
  2. A solicitor drafts the Consent Order and supporting documents
  3. After Decree Nisi, the Consent Order is submitted to court
  4. A judge reviews and approves the Consent Order
  5. You then apply for the Decree Absolute to finalise the divorce

On average, it takes 4–8 weeks for the court to approve a Consent Order. Plan accordingly, as rushing into a Decree Absolute may leave key financial matters unresolved.

Common Issues We Help Prevent

Clients sometimes assume that because they’ve agreed everything amicably, there’s no need to involve lawyers. Unfortunately, that assumption can cause real problems. We’ve seen cases where one party later regrets an informal agreement or tries to challenge it years down the line.

Another common issue is applying for Decree Absolute too early. Once you lose the status of ‘spouse’, you may lose rights that were otherwise protected. This can complicate enforcement or renegotiation, particularly when pensions or future claims are involved.

At Holland Family Law, we don’t just draft documents — we make sure they’re done at the right time and in the right way.

Is It a Legal Requirement?

Legally speaking, you don’t have to wait for the Consent Order to be approved before applying for the Decree Absolute. But it’s strongly advised — especially if pensions or large assets are involved. Once the divorce is final, your legal status changes. That change can impact how financial claims are handled.

In short: just because you can, doesn’t mean you should.

Support from a Family Lawyer

Trying to navigate this alone can put your financial security at risk. Working with a family lawyer ensures your Consent Order is properly drafted, legally sound and submitted at the right time.

At Holland Family Law, we guide clients through each step, helping avoid delays and costly mistakes. Our experienced team listens carefully, reviews your financial situation and ensures the outcome protects your long-term interests. Whether you’re seeking a clean break or ongoing spousal support, we’ll help you achieve clarity and closure with confidence.

Speak to a Family Lawyer You Can Trust

Finalising your divorce should bring closure — not risk. Make sure your financial settlement is secure and properly handled.

The team at Holland Family Law has helped countless clients safely complete the Consent Order and Decree Absolute process. We’ll support you at every stage with clear advice and practical solutions. Book your 30-minute consultation with a family lawyer at Holland Family Law today.