What is a Consent Order in Divorce?
What is a Consent Order in Divorce?
A consent order is a legally binding agreement that outlines the financial arrangements settled upon by a divorcing couple. It ensures both parties have clarity on their ongoing financial responsibilities and entitlements once the marriage has ended.
Understanding Consent Orders
When you marry, you each take on certain financial obligations. The divorce process itself doesn’t automatically end these commitments; the final order of divorce merely concludes the legal contract of marriage. After divorcing, either party may still make financial claims against the other, relating to the division of capital, income, and pensions.
Without a separate order addressing and dismissing these potential claims, they remain open indefinitely—regardless of any informal agreements about asset division.
A consent order can include provisions for:
- Distribution of capital, income, and pensions
- An end date for claims, preventing them from continuing indefinitely
- Enforcement measures if maintenance payments are late or withheld
- Obligations concerning particular assets, such as pensions
Having a consent order in place provides certainty and ensures both parties adhere to the terms agreed.
Who Can Obtain a Consent Order?
Before approving a consent order, the court must be satisfied that the settlement is fair and reasonable. Both parties must complete a ‘Statement of information for a consent order in relation to a financial remedy’ form, detailing:
- Ages and financial circumstances of each party
- Any dependent children
- Relevant information about new relationships
Using this information, the court evaluates whether the terms are justifiable. If the judge is not convinced, they may request a hearing for both parties to explain why the order should be made. Should the judge remain unsatisfied, they can refuse the order, leaving financial claims unresolved.
If the court approves the order, it will seal it and issue copies to both parties or their solicitors. Straightforward cases typically take around 6-10 weeks for the court to process, but this can vary depending on the court’s workload.
Do You Need a Solicitor for a Consent Order?
Drafting a consent order involves complex legal considerations, particularly when dealing with substantial financial matters. The court generally expects both parties to receive proper legal advice before making the order. A family law solicitor can ensure that the consent order safeguards your interests and helps secure the best possible financial outcome.
Next Steps
If you need assistance with a consent order or any other aspect of divorce and family law, HM & Co. Solicitors is here to help. Contact our specialist family solicitors on 020-7946-0855, or request a free callback at a time that suits you. We are committed to providing clear guidance and support throughout your legal journey.
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Your Questions, Answered
FAQs
Consent Order in Divorce FAQs
Do I need a consent order?
Yes. A divorce alone does not end the financial relationship between you and your ex-partner. Without a consent order, your ex can potentially make financial claims against you in the future (unless they have remarried), even years after the divorce.
Why is a consent order necessary?
A consent order ensures that your financial settlement is final and can be legally enforced. Without it, either party could return to court to request financial support later, and you would have no formal framework for the court to enforce if one party fails to honour the agreed terms.
What if I don’t have a consent order?
If you do not obtain a consent order, you leave your finances open to potential future claims from your ex-partner. The order also allows the court to enforce maintenance arrangements for spousal or child support if one party does not pay what’s owed.
What do I need to apply for a consent order?
You will need to complete a Statement of Information (D81) form, detailing:
- Your assets (e.g., savings, property, business interests)
- Your debts (e.g., credit cards, loans)
- Your pension(s) and their Cash Equivalent Transfer Values (CETVs)
- Your income (e.g., salary, benefits, rental income, maintenance)
It’s helpful to explain the reasoning behind how you’ve divided your assets so that a judge can see that the agreement is fair and achievable.
Will the court automatically approve my consent order?
No. The court reviews each consent order to ensure the terms are broadly reasonable. Even if both parties agree, the judge is not obliged to grant the order. The court will consider factors such as each party’s means and circumstances to ensure fairness. A 50/50 split, for example, is not guaranteed to be considered fair without context.
When should I apply for a consent order?
You can apply for a consent order once you have reached the conditional order stage of your divorce, or any time after the final order is granted—provided that neither party has remarried. Typically, a consent order is prepared in anticipation of the final order being issued.
How long does it take to get a consent order approved?
If the order’s terms are straightforward, courts typically take between 6 to 10 weeks to process and approve it. Timescales may vary depending on the court’s workload and complexity of the arrangements.
How long does a consent order remain valid?
A consent order is valid indefinitely. It does not expire once approved and sealed by the court.
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