What is a Consent Order?
During a divorce, it may be important for you to come to an acceptable agreement with your former partner over things like finances and arrangements for the children.
You could reach an agreement with no external support or you could use Mediation or a Divorce Solicitor to help get there.
To make any agreement legally enforceable, you need to get a Consent Order agreed by the Court.
When to Get a Consent Order
When you apply for a divorce your marriage will end once the Decree Absolute is issued. But you still have all the financial ties to your former partner.
It’s important to make sure all ties are severed before your divorce is finalised. Most people will apply for a Consent Order once their Decree Nisi has been issued and before applying for the Decree Absolute.
Financial ties can include:
- Joint bank accounts
You may want your Divorce Solicitor to help you negotiate the best possible outcome for your Consent Order, but remember a Judge always has to review the agreement and will decide if they think it’s fair. If not, the agreement will need to be reconsidered
How to Get a Consent Order
Once you and your former partner have agreed on how to split your finances, your Divorce Solicitor can draft a Consent Order. You’ll both need to make sure the agreement includes everything you’ve agreed.
Once approved and signed by both of you, it will be filed at Court with form D81 (Statement of Information).
The Court will review the draft Consent Order and make sure the division is fair and in the best interests of both of you.