What is a Consent Order?

It outlines how assets such as property, savings, investments, and pensions will be divided following a divorce. It can also detail arrangements for ongoing financial commitments, including spousal maintenance or child support. Once approved by a court, the Consent Order becomes legally binding, meaning that both parties are obligated to adhere to its terms. Without such an order, informal agreements may not be enforceable, leaving room for future disputes or claims.

Why is a Consent Order necessary?

• Ensures financial agreements are legally binding.
• Prevents future financial claims from either party.
• Provides clarity and security in asset division.
• Protects inheritances and future financial changes.
• Helps avoid potential disputes in the future.

Without one, either party could potentially make additional financial claims against the other, even years after separation. This makes having a formal agreement crucial in securing financial stability post-divorce.

Steps to obtain a Consent Order

The process is designed to be simple and clear:

1. Reach an agreement
   Both parties must agree on how to divide their assets and responsibilities. This can be achieved independently, through mediation, or with the assistance of legal professionals.
2. Draft the Consent Order
   A solicitor completes a draft detailing the agreed terms. The document should be precise and comprehensive to avoid potential ambiguities.
3. Apply to the court
   The draft is submitted to the court for approval. This process typically involves completing a Form A (Notice of intention to proceed with an application for a financial order) and a D81 statement (Statement of information for a Consent Order in relation to a financial remedy).
4. Court review and approval
   A judge reviews the Consent Order to ensure that it is fair and reasonable to both parties. If satisfied, the judge will approve the order, making it legally binding.

For further guidance, explore Resolution.

Examples of why Consent Orders are important

1. Preventing future financial claims
   Without one, an ex-spouse could claim a share of increased wealth or assets, even years after divorce.
2. Inheritance protection
   It can prevent an ex-partner from making a claim on inherited wealth acquired after the divorce.
3. Clarifying financial responsibilities
   The Order ensures that both parties are clear on their financial obligations, reducing the risk of future disputes.

Seeking legal assistance

Engaging with experienced family law solicitors is highly recommended when obtaining a Consent Order.

Legal professionals can ensure all aspects of the agreement are thoroughly considered and accurately documented. They can also assist in negotiations, helping to mediate discussions to reach a fair and amicable resolution.

Summary

A Consent Order is an essential component of the divorce process. By formalising financial agreements through a legally binding document, individuals can safeguard their future interests and minimise the potential for disputes.

Seeking expert legal advice ensures that it is drafted accurately and fairly, reflecting the agreed terms and upholding the rights of all involved.

Contact us today

For those navigating the complexities of divorce and financial settlements, Sinclair Law Solicitors offers a free 30-minute consultation to discuss individual circumstances and provide tailored legal guidance.

Complete the call back form below or:

📞 Call: 01625 526 222
📧 Email: contact@sinclairlaw.co.uk

For more information visit https://www.gov.uk/money-property-when-relationship-ends/apply-for-consent-order

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