Consent Order Solicitors
In 2022, no-fault divorces were introduced alongside an online system allowing couples to apply for divorce together or separately. Many couples reach agreements on dividing their finances without court involvement. However, to make these agreements legally binding and prevent future claims, it's important to get a consent order.
A consent order formalises the financial settlement agreement between you and your ex, cutting financial ties. It's advisable to seek legal advice to ensure fairness before applying for one. Once approved, the terms can't be changed without mutual agreement.
How can our solicitors help?
At Lawhive, our divorce solicitors can help with all matters related to consent orders, including:
Helping you challenge unfair financial settlements and renegotiate a fair one;
Drafting the consent order application;
Negotiating changes;
Addressing court-requested alterations;
Agreeing on deviations from the consent order;
Taking legal action for breaches.
What is a consent order?
A consent order is a legal document that outlines how you and your ex-spouse or civil partner will divide assets like pensions, property, savings, and investments. It can also include arrangements for things like child maintenance.
Can you get divorced without a consent order?
Yes, you can get divorced without a consent order, but it’s not advisable, even if you don’t have shared assets. If you get divorced without a consent order, a former partner may be able to make a future claim. A consent order prevents this from happening.
How do you apply for a consent order?
You can apply for a consent order after receiving a conditional order (formally a decree nisi), but it’s only legally binding after the court approves it and you get a final divorce order (formally decree absolute).
To apply for a consent order, you and your ex-partner should:
Draft the consent order.
Sign the draft consent order and make 2 photocopies.
Fill in a statement of information form.
One of you must complete a notice of an application for a financial order.
Send the signed forms and copies with the court fee to the court.
Usually, there's no court hearing after applying for a consent order. Instead, a judge will review the order and approve it if they think it's fair. They may request changes if needed.
What happens if you don’t agree to a consent order?
If you can't agree on a consent order you can continue with court proceedings or withdraw your application.
Rejecting a consent order should be done with caution, however, as court proceedings can be costly. Seeking advice from lawyers or mediators can often help negotiate a fair financial settlement without going to court.
If all attempts to settle financial matters fail, the next step is to apply to the court for a Financial Order, also known as Ancillary Relief.
Is a consent order the same as a clean break?
A consent order and a clean break order both help to separate the finances of separating couples.
A clean break order completely ends financial ties between ex-partners, while a consent order outlines agreed financial arrangements, which may include ongoing commitments like property or pension division, such as a Mesher Order.
A clean break order is best for couples with few assets to divide, as it prevents future claims on new assets. However, it may not suit couples with ongoing financial responsibilities. On the other hand, a consent order documents all agreed financial terms after divorce, covering things like property and pension division, offering a detailed record of the settlement.
How long does it take to get a consent order?
After the judge approves and seals the order, it's posted to both parties, usually taking 2-4 weeks. However, if the judge requests more information or doesn't approve the order, finalising it might take longer, possibly involving a hearing.
Couples aiming to obtain a consent order should ideally settle their financial matters as soon as possible. However, if one party contests the proposed settlement, the process can be prolonged until an agreement is reached or the court makes a decision.
Can a consent order be changed?
When a consent order is being drafted, changes can be made by either party negotiating terms. However, once a judge approves and seals it, it's legally binding and usually can't be altered unless:
Financial details were incomplete (for example, one party was hiding money during the divorce);
Valuation errors occurred;
One party was pressured into signing.
If you suspect grounds for challenge, seek legal advice promptly.
Both parties may agree to deviate from the consent order. If so, the original order must be reviewed, revised, and resubmitted for court approval.
At Lawhive, our divorce lawyers are here to help you get a consent order quickly and affordably. For more information and a free no-obligation case evaluation and fixed-fee quote for drafting a consent order or any other service related to consent orders, get in touch with our legal assessment team today.