What is a Consent Order?

A consent order is a legally binding document that outlines the financial agreement reached between divorcing parties. It covers the division of assets, maintenance payments, pensions, and other financial matters. The agreement is mutually agreed upon and then approved by a court, making it enforceable by law.

The Benefits of a Consent Order

1. Clarity and Finality

A consent order provides clear terms for the financial settlement, reducing the possibility of future disputes.

2. Legal Enforcement

Once approved by a court, a consent order becomes legally binding, ensuring that both parties adhere to the agreed terms.

3. Reduced Conflict

By mutually agreeing on financial matters, couples can avoid prolonged and contentious court battles.

4. Privacy

Unlike contested court proceedings, which can become public, consent orders are typically handled more discreetly.

5. Cost-Effective

Reaching an agreement through a consent order can be less expensive than a drawn-out court battle.

The Process of Obtaining a Consent Order

1. Negotiation and Agreement

Both parties, often with the help of their solicitors or mediators, negotiate the terms of their financial settlement. This step requires full disclosure of assets and liabilities from both parties to ensure a fair agreement.

2. Drafting the Consent Order

Once an agreement is reached, a solicitor drafts the consent order. This document will detail all aspects of the financial settlement, including asset division, maintenance payments, and pension sharing.

3. Application to the Court

The drafted consent order is submitted to the court for approval, along with a Form A (to start the financial proceedings) and a Statement of Information (providing details about both parties’ financial situations).

4. Court Approval

A judge reviews the consent order to ensure that it is fair and reasonable. If satisfied, the judge will approve the order, making it legally binding.

5. Implementation

Once the court approves the consent order, both parties must comply with its terms. Failure to do so can result in legal enforcement actions.

Important Points to Remember

Full Financial Disclosure: Honesty and transparency are crucial. Hiding assets or misrepresenting financial information can lead to the order being overturned.

Legal Advice: While it is possible to draft a consent order without legal assistance, obtaining advice from a solicitor ensures that the agreement is fair and comprehensive.

Future Changes: Life circumstances can change, affecting the feasibility of the terms. It’s possible, though often challenging, to modify a consent order after it has been approved by the court.

A consent order can streamline the divorce process by allowing couples to mutually agree on financial matters, minimizing conflict, and providing a legally binding resolution. It offers clarity, finality, and enforceability, making it an attractive option for many divorcing couples. However, it requires careful negotiation, full financial disclosure, and often, legal guidance to ensure fairness and compliance.

By understanding the process and benefits of a consent order, couples can approach their divorce with greater confidence and control, paving the way for a smoother transition into the next chapter of their lives.

Frequently Asked Questions About Consent Order Divorce

1. What exactly is a consent order?

A consent order is a legally binding document that records the financial agreement between divorcing parties. It includes the division of assets, maintenance payments, and pension sharing, and is approved by a court to make it enforceable.

2. Do we need a consent order if we agree on everything?

Yes, even if you and your spouse agree on the division of assets and other financial matters, a consent order formalizes this agreement and makes it legally binding. Without it, either party could make future financial claims against the other.

3. How do we apply for a consent order?

To apply for a consent order, you need to draft the agreement with the help of a solicitor, complete a Form A and a Statement of Information, and submit these documents to the court. A judge will then review and, if satisfied, approve the order.

4. Can we draft a consent order ourselves?

While you can draft a consent order yourselves, it is highly recommended to seek legal advice. A solicitor ensures that the agreement is fair and comprehensive, reducing the risk of it being rejected by the court.

5. What happens if one party does not comply with the consent order?

If one party fails to comply with the terms of the consent order, the other party can take legal action to enforce it. This could involve returning to court to ensure compliance.

6. How long does it take to get a consent order approved?

The timeline can vary, but typically it takes a few weeks to a few months from submitting the consent order to receiving court approval. This depends on the court’s schedule and whether any additional information is required.

7. Is a consent order necessary for all divorces?

While not legally required, a consent order is highly advisable for divorces involving financial settlements. It provides legal protection and clarity for both parties regarding their financial responsibilities and entitlements.

8. Can a consent order be changed after it’s been approved?

Modifying a consent order after court approval is challenging but possible under certain circumstances, such as significant changes in financial situations or mutual agreement between both parties. Court approval is required for any modifications.

9. Does a consent order cover child arrangement?

No, a consent order specifically deals with financial settlements. Child arrangements are typically handled separately, either through a parenting plan or child arrangements order if necessary.

10. How much does it cost to obtain a consent order?

The cost of a consent order can vary widely. Legal fees for drafting the document and court fees for filing it are involved. On average, it could range from a few hundred to several thousand pounds, depending on the complexity of the financial arrangements and the solicitor’s fees.