What is a Consent Order?

Many people believe that once they are legally divorced, it ends their financial obligations towards their ex-spouse. This is not the case: a divorce only ends the marriage contract.

Dividing the finances is dealt with separately from the divorce (or dissolution) process to obtain a legally binding outcome and is recorded in a Consent Order.

What is a Consent Order?

A Consent Order is a legally binding document that records the agreement reached between a divorcing couple (or in the dissolution of a civil partnership). It is a court order made with the consent of both parties and concludes financial arrangements.

A Consent Order confirms how assets owned by the parties will be divided. This can include property, savings, investments, and pensions. It can also include whether maintenance will be paid, such as Child Maintenance and spousal maintenance.

The order can be short or in-depth, depending on the agreement and type of assets involved.

An important advantage of a Consent Order is that it dismisses any future financial claims, preventing either person from changing their mind or asking for more money at a later date.

How do I get a Consent Order?

To get a Consent Order, both parties must have reached an agreement regarding financial settlement. This can be done directly between the parties through a mediator or divorce solicitor.

After reaching an agreement, the Consent Order must be drafted correctly by an expert to ensure that the terms accurately reflect the agreement. It is therefore recommended that a specialist divorce finance solicitor is instructed to do so, and they will also be able to provide advice regarding the drafting of the order.

Submitting the Consent Order and Statement of Information to the court

Once the Consent Order has been agreed upon and signed by both parties, it needs to be sent to the court for approval alongside a Statement of Information form.

A Statement of Information form provides the court with a ‘snapshot’ of both parties’ financial circumstances both before and after the order is granted.

These documents can only be sent to the court if divorce proceedings have been issued and once the Conditional Order (the first order in the divorce) has been granted. The Conditional Order can be applied for 20 weeks after the divorce application has been issued by the court.

How long does it take for a Consent Order to be granted?

It can take between two and eight weeks for a Judge to review the Consent Order. Once a Judge has approved the Order, it is legally binding and can be enforced if either party does not comply with its terms.

Can a Consent Order be rejected by the court?

When a Judge reviews a Consent Order, they will only approve it if they believe it to be fair and reasonable. The court does not have to approve the agreement, just because the parties have consented to it.

If the Consent Order is rejected, the parties will be notified, and they may have to provide further information as to why they have reached the agreement or the order may need to be amended.

Do I have to have a Consent Order?

If parties reach an agreement without recording it within a Consent Order, this does not mean that it is final or legally binding.

Whilst having a Consent Order is not a legal requirement, it is advisable for parties to have one, even if there are no financial assets to divide. This is because a Consent Order can provide both parties with a ‘clean break’. Without a Consent Order, it leaves both parties open to a financial claim being brought against them in the future.

Contact our divorce finance solicitors

Dividing finances during divorce can be stressful and complex. Having an experienced lawyer at your side helps ensure the process runs smoothly and gives you peace of mind that things are done properly, with your best interests in mind.

To get in touch with our divorce solicitors, call 0117 325 2929 or fill out our online enquiry form. Alternatively, click here to get started online.