There are an estimated 250,000 Nigerians living in the United Kingdom. Many have built lives here, bought property, raised children, and built financial futures, with deep ties remaining in Nigeria.
When a marriage breaks down, it is not unusual for couples to rely on informal agreements, family elders, or cultural expectations to divide what they have built together.
In England and Wales, that approach carries real legal risk.
This article explains what a consent order is, why informal arrangements are not enforceable, and how the UK legal system approaches financial settlements, particularly for Nigerian families where cultural norms may differ from what the law requires.
What Is a Consent Order?
A consent order is a legally binding document approved by a court. It sets out how a divorcing couple has agreed to divide their finances, property, pensions, and savings.
Without a clean break consent order, even a signed written agreement between two parties is not enforceable under English law.
That means if one person later changes their mind, refuses to sell a property, or makes a financial claim years down the line, there is very little the other person can do without going back to court.
The case of Vince v Wyatt [2015] UKSC 14 illustrated this clearly. Ms Wyatt made a financial claim against her former husband more than 20 years after their divorce, and the Supreme Court confirmed her right to do so because no consent order had ever been made. The marriage lasted two years. The legal battle lasted decades.
A consent order closes that door permanently.
Why Informal Agreements Are Not Enough
In many Nigerian communities, separating couples may reach an agreement through family discussions, community leaders, or trusted intermediaries. These arrangements feel final. They may involve commitments about property in Nigeria, who keeps the marital home in the UK, or ongoing financial support.
Under the law of England and Wales, none of that is binding.
The Matrimonial Causes Act 1973 gives the English courts wide powers to make financial orders on divorce. Those powers do not disappear because two people have agreed something privately. Either party can return to court and make a fresh claim at any time, unless a consent order has been made and approved.
This is particularly important where one party has significantly more assets than the other, or where the financial picture changes after separation, such as a property increasing in value or one party inheriting money.
Practical tip: If you have reached a financial agreement with your ex-spouse, the next step should always be to have that agreement turned into a legally binding consent order. For Nigerian couples living in Britain, or where one is still resident in the UK, getting a consent orders for Nigerians divorcing in the UK can help prevent future claims over property, pensions, savings, or cross-border assets.
How UK Courts Assess Fairness
English family courts apply the Matrimonial Causes Act 1973 when deciding whether a financial settlement is fair. Judges consider a range of factors, including:
The length of the marriage
Each person’s financial needs and resources
Future earning capacity
The standard of living during the marriage
Contributions made by each party, including caring for children
Cultural expectations do not override these factors. A court will not automatically accept that one spouse should receive less because of traditional gender roles or family expectations back home.
For example, if a wife has spent years caring for children and managing a home while her husband built a business, an English court will typically recognise her contribution to the marriage as equal, even if that does not reflect cultural norms from the country of origin.
The court’s starting point in long marriages is an equal division of matrimonial assets, as established in White v White [2000] UKHL 54, a landmark case that changed how English courts approach financial settlements.
Property and Cross-Border Assets
Nigerian families in the UK sometimes have property interests in both countries. The English courts can make orders about UK property. However, enforcing those orders in Nigeria depends on Nigerian law and can be far more complex.
Some practical points to be aware of:
Property held in Nigeria is generally outside the jurisdiction of the English courts
However, the English courts can take Nigerian assets into account when assessing the overall financial picture so they have to be included as part of your financial disclosure.
If a UK property is held in joint names, neither party can sell it without the other’s consent, or a court order
Transferring a UK property to one party as part of a divorce settlement will usually require a consent order to be in place first
It is worth taking separate legal advice about Nigerian assets, ideally from a solicitor familiar with Nigerian property law.
Financial Support After Separation
In English law, there is no automatic obligation to support extended family members. Financial orders on divorce typically cover:
Spousal maintenance (ongoing financial support between former spouses)
A clean break order (ending all future financial claims)
Child maintenance (usually calculated by the Child Maintenance Service)
Obligations to parents, siblings, or extended family in Nigeria are not recognised by an English court as a reason to reduce what a spouse receives. However, they may be relevant when a court assesses one party’s reasonable financial needs.
The Role of Family Mediation
Before going to court, many couples benefit from family mediation. A trained mediator helps separating couples discuss finances, property, and arrangements for children in a structured and neutral setting.
Mediation does not produce a legally binding agreement on its own. However, if an agreement is reached through mediation, it can then be turned into a consent order by a solicitor.
Mediation tends to be quicker and less expensive than contested court proceedings. It can also give both parties more control over the outcome.
Practical Tips for Expatriates
A consent order is the only way to make a financial agreement legally binding after divorce in England and Wales
Informal agreements, family arrangements, and verbal commitments are not enforceable
English courts apply their own legal framework. Cultural expectations do not override the law
Property in Nigeria may be outside the English court’s jurisdiction, but can still affect how assets are divided here
Children’s welfare is the court’s primary concern, and both parents generally have parental responsibility
Taking early legal advice can prevent much larger problems later
Divorce can be a difficult and emotional time. Understanding how the legal system works in England and Wales, even at a basic level, can make a real difference to the decisions you make and the outcomes you achieve.
*This article is for general information only and does not constitute legal advice. If you are going through a divorce or separation, it is always a good idea to speak with a qualified family solicitor.
