The £60 divorce mistake that could cost you thousands
Charity warns: don’t assume it’s all sorted when the papers come through
It’s been three years since no-fault divorce became law in England and Wales, making it quicker and easier for couples to end a marriage without assigning blame. But according to one of the UK’s leading mediation charities, thousands of people could still be walking straight into a financial trap.
National Family Mediation (NFM) says many couples don’t realise that getting divorced doesn’t automatically mean your finances are sorted. Unless you’ve got a court-approved consent order in place, your ex can still make a legal claim on your money—sometimes years after the divorce is final.
Sarah Hawkins, CEO of NFM, says it’s a growing issue: “We’re seeing more and more people coming back to mediation months or even years after they thought it was all over. They assumed their divorce was the end of the story—but financially, it wasn’t.”
A consent order is a legal document that confirms how you’ve agreed to divide things like pensions, savings, property and maintenance. Once it’s approved by a judge, it becomes legally binding and closes the door on any future financial claims. Without one, there’s nothing to stop an ex coming back later and asking for more.
Here’s the surprising part: the court fee for a consent order is just £60.
It’s a little-known cost that can prevent massive headaches down the line—but it’s also something that gets missed because people simply don’t know it exists. “That £60 might be the best money you ever spend,” Hawkins says. “We’ve seen people face enormous legal bills, stress, and uncertainty just because they didn’t realise this step was needed.”
You don’t necessarily need to go to court to get it done. If you and your ex agree how everything will be divided, you can draft a consent order yourselves and submit it for approval. The government even publishes guidance on how to do it. But Sarah warns against rushing: “Just because it’s possible to do it yourself doesn’t mean you should always go it alone. This is your future we’re talking about. It’s worth getting some advice before signing on the dotted line—especially if things like pensions or property are involved.”
There are several options for getting support. You might choose to get advice from a solicitor, use a mediator, or ask a divorce specialist to check things over. At NFM, the charity offers a service called NFM LegalEyes that helps couples formalise their agreement through a solicitor, making sure it meets legal requirements before submitting it to court.
Even when the cost of getting legal help is factored in, it’s usually far cheaper than having to go back and reopen financial negotiations later on. The emotional toll of re-entering legal discussions with an ex—potentially years after separating—can be just as draining as the financial impact.
The rise in no-fault divorce has made separation more straightforward in many ways. Couples can avoid blame, move more quickly through the system, and spare themselves courtroom battles. But that simplicity can be misleading if it leads people to skip steps that are still essential.
“Ending a marriage is only one part of the picture,” says Hawkins. “You also need to close things off financially, or you risk leaving the door wide open. For a small fee and a bit of guidance, you can protect your future and move on with peace of mind.”