Can You Draft & File Your Own Consent Order?
November 1st 2023
A consent order is a legal document, prepared by a solicitor with the consent of both parties to a divorce that sets out what the parties have agreed in relation to their matrimonial assets and finances.
Using a template from Google won’t be satisfactory to the Judge and would most likely result in a refusal.
A consent order must be drafted by a solicitor, however, we’ll show you how to keep the costs down when dealing with your finances.
Why should I get a consent order?
It is always advised to draw a line in the sand when it comes to splitting your financial matters in a divorce.
Being granted a decree absolute in divorce proceedings does not legally separate your assets and finances and failing to obtain a financial order opens the door further down the line for claims being made.
A financial order will be necessary to sell or transfer property as well as if you want to share your pensions following a divorce.
Another reason you may require a financial order is if one party is to receive a lump sum of money due to their husband or wife offsetting this against other assets, for example staying in the family home or retaining their pension.
You can also get maintenance orders for a spouse or children written into the order, so it can be enforced if the maintenance is not paid.
One of the main reasons why couples obtain a financial order is because it will stop either spouse from attempting to claim more money or assets at a later date.
Knowing that all financial ties are severed moving forward gives both parties peace of mind.
Can you draw up your own consent order?
A consent order can be filed without the assistance of a solicitor, however, the legal paperwork outlining your financial agreement must be drafted by qualified solicitors.
You may be thinking, ‘I don’t want to spend thousands sorting out my finances when we’ve already agreed on the split’.
Well… this is where Divorce-Online can help you.
There’s no need to spend thousands having the paperwork drafted for you by high-street solicitors if you have already agreed on how assets and finances are be separated between the parties.
Over 50,000 couples have used our Consent Order Service since 1999 to legally separate their assets and finances without needing to attend court or spend thousands on legal fees.
Information About Consent Orders
- Can you file a consent order yourself? Yes, you can file a consent order with the courts yourself. In order for the Judge to grant your order, however, you must have the consent order professionally drafted by qualified solicitors. If you have agreed on the division of your financial agreement then Divorce-Online can draft this for you for just £449.
- What are the court fee costs? To file a consent order, you will be required to pay the court fees, which currently stand at £53 to submit an application for a financial agreement. This fee is set by the government and is paid when you submit your paperwork to the court. We will help assist you when choosing our service.
- Do you have to go to court? No, you don’t need to physically attend the courts to file a consent order; it can be done via post in most cases. Once the paperwork and court fee has been registered, you can post the signed agreement to the courts for the Judge to review.
- What can happen without a consent order? Without a consent order, either party can apply to the court for financial relief at a later date. So, even if you have reached an agreement and divided your assets, your spouse can at any time apply to the court for more than you agreed if you fail to have it granted by a Judge.
- Can I get a combined consent order divorce? If you and your ex-partner have agreed on how your financial assets and liabilities are to be separated and if you are not yet divorced you can get a consent order alongside your divorce – See Managed Divorce & Clean Break Consent Order for £549
What can be included in a consent order?
Anything in relation to your financial situation can be included in a consent order.
The court has powers to make orders for;
- Spousal/Child Maintenance
- Property sale and transfer
- The payment of lump sums of money
- Division/split of pensions
- Debt provision
- Division/split of personal belongings
Anything the court cannot specifically order can be dealt with by way of what is called an undertaking, which is a promise to the court to do something.
If this undertaking is broken the court can enforce it using contempt of court rules.
The advantages of agreeing on your finances
The main advantage is that you don’t need to go to court and argue your case before a judge, which is highly stressful and expensive!
- The agreement is amicable – If you can agree on the division of assets without needing solicitors, it can save you time, money and stress.
- No need for a court hearing – In most cases, there’s no need to attend a court hearing, especially if things are amicable and a fair split has been achieved.
- The process is quick – You should obtain your consent order within 3-5 weeks. If financial matters are drawn out, it can take years.
As long as both parties agree and the order is generally fair, the judge will grant the consent order without the need for any further hearings or correspondence.
If the judge thinks the order is unbalanced, they will usually ask the parties to write in and explain how they came to the order, and on rare occasions, they may ask the parties to attend a short hearing to make sure that both parties have entered into the consent order with full understanding.
In some cases, typically in short marriages, you can achieve a clean break, which is where both parties can live financially independently.
Do I actually need a consent order?
If you are selling or transferring a property, making a pension sharing order, or paying a lump sum of money then you are advised to obtain a consent order to make the agreement legally binding, ensuring the other party carries out what they have agreed.
Also, you will want to make sure that neither of you can go back to court at a later date and try and claim more money, which a consent order prevents as it legally severs your financial relationship.
The court will insist on full and frank financial disclosure before approving any order, so it’s worth getting legal advice before starting the process to ensure the agreement you’ve reached is likely to be approved.
We’ve seen it all too often when financial matters are put off and it, unfortunately, comes back to bite one party later down the line.
Obtaining a financial court order following your divorce will ensure that the contents of the agreement are carried out.
So for example, to be sure maintenance payments are made or the house is sold and both parties receive the right share, you are advised to obtain a financial order as this will guarantee these outcomes.
Conclusion
In summary, there are no benefits to drafting your own consent order. You’ll spend hours on end trying to understand legal terms all for a Judge to reject it. Yes, consent orders can be rejected by a Judge.
Don’t break the bank and spend thousands having a local solicitor draft the agreement for you.
Use a simpler, more affordable service and save £100s in the process.
Solicitor Drafted Consent Order Agreement – £449
If you have a formal agreement in place with your ex-partner and wish to formalise it into a legally binding court order without spending thousands, our online services are ideal for you.