This month marks the third anniversary of no-fault divorce coming into law in England and Wales—a landmark reform that changed how couples approach the end of a marriage. Introduced in April 2022, it was widely welcomed as a more compassionate, dignified alternative to the old system of blame and conflict.
For many, the change has delivered on its promise. Removing the need to assign fault has helped reduce hostility and encouraged a more constructive approach to separation. In countless mediation sessions across the country, we're seeing separating couples focus on solutions, prioritise children, and work together to move on.
But while the reform made divorce simpler, what we are seeing in mediation is that it also created a common misunderstanding: that a divorce is now a complete and final break. In reality, there's a vital legal step that's often overlooked—the financial consent order.
Today, couples can divorce online with minimal steps and no requirement to consult a lawyer or attend mediation. If they do seek professional advice, they're usually made aware of the importance of financial agreements. But many don't—especially when the split is amicable. The assumption is: if the process feels simple, everything must be settled.
Unfortunately, as many of us dealing with families in crisis know, that's not the case. A divorce legally ends a marriage, but it does not end the financial relationship between former spouses. Without a court-approved financial consent order, assets remain unprotected and future claims remain possible—on pensions, property, savings, or even future income.
At NFM (National Family Mediation), we're seeing more and more people return to mediation months—or even years—after their divorce, only to discover that their ex still has a legal right to make a financial claim. For some, this has jeopardised home purchases, disrupted retirement plans, or complicated second marriages.
These aren't isolated incidents—they're the predictable result of a system that has streamlined divorce, but left financial closure optional and, for many, unclear.
It's an easy mistake to make. If the divorce is amicable and the paperwork straightforward, why question it? But simplicity shouldn't be mistaken for completeness. A financial consent order is the only way to legally finalise any financial arrangements agreed during or after separation. Without it, nothing is truly resolved.
The good news is, the industry is adapting, and support is available for those either seeking advice at the outset, or further down the line. Legal aid is still available for family mediation, and the government's Family Mediation Voucher Scheme offers up to £500 towards mediation costs for eligible separating families with children. These initiatives make it easier for families to access early, informed, and cost-effective support—avoiding expensive and stressful complications later.
At NFM, we see daily how effective mediation can be in reaching agreements in relation to consent orders — especially when it's used as part of a joined-up process that includes both emotional resolution and legal closure. We have also launched NFM LegalEyes help couples turn the outcomes of their mediation into court-approved, legally binding financial consent orders with the guidance of a qualified solicitor—giving clarity, security, and legal finality to their 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. We owe it to families to ensure they understand the full process and have access to the support they need to finish it well.
28/04/2025 -
By Sarah Hawkins, CEO, NFM (National Family Mediation)
