Do I Need a Consent Order?

Author:
Sarah Sowden
Family Law and Divorce Solicitor
Date:
17/02/2020

A Consent Order will make any financial agreement between divorcing couples legally binding in England and Wales.

The Court encourages couples getting a divorce to try to resolve their issues quickly and amicably and this includes how they divide their matrimonial assets.

Consent Orders are optional and can only be used when you are both in agreement. It’s in your best interests to reach an agreement with your former partner in your divorce to save the time, money and emotional fallout of a messy divorce. 

For initial advice on how you can reach an agreement with your former partner, speak to one of our Divorce Solicitors.

Call us on 08002605010 or request a callback and we will help you.

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:

  • Property
  • Joint bank accounts
  • Investments
  • Shares
  • Pensions

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.

Consequences of Not Making a Consent Order

If you don’t get a Consent Order when you divorce, your former partner could come back and ask for money and/or assets from you in the future. This is particularly relevant if you were to receive inheritance or come into a large sum of money.

A divorce ends your marriage, but not your financial ties.

Why Use a Divorce Solicitor?

Using a Divorce Solicitor to agree to a Consent Order means that you know where you stand and that you get the best outcome possible.

Our Divorce Solicitors can review a draft agreement or draft one for you and give you legal advice so you are clear about your position. By reaching an agreement with your ex and making a Consent Order, you can avoid the cost and upset of going to Court.

For initial advice call our Family Law & Divorce Solicitors

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