Can I Draft My Own Consent Order or Do I Need a Solicitor?
February 5th 2024
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.
Is it possible to draft a DIY consent order?
Yes, it is possible to create a consent order without a solicitor. Many people draft their own consent orders to save on legal fees. However, while it’s possible, it’s not always advisable, especially if your financial situation is complex.
When drafting your own consent order, you must ensure that the document is clear, legally sound, and covers all aspects of your financial agreement with your ex-spouse.
The court will scrutinise the order to make sure it’s fair and that both parties have fully disclosed their financial information.
Mistakes or omissions in the consent order can lead to the court rejecting it, which may delay your financial settlement and potentially cost more in the long run.
For straightforward financial situations, where there are few assets or liabilities, you might be able to manage the process on your own by following a template and ensuring all legal requirements are met.
However, for more complex cases—such as those involving the division of properties, pensions, inheritances, or business interests—it’s often worth seeking legal advice to avoid potential pitfalls.
So, while you can draft a consent order without a solicitor, doing so carries risks.
If you’re confident in your understanding of the legal requirements and your financial situation is simple, this can be a cost-effective option.
However, for peace of mind and to ensure the best outcome, many people opt to use a solicitor or an online service that offers professional drafting.
If you are contemplating drafting the order yourself due to the high costs associated with solicitors, read our article on the costs of a consent order. You may be surprised to learn how cost-effective online services are!
Why You Should Spend £399 Instead of Doing It Yourself
While it might seem straightforward to draft this document yourselves, the reality is that there are several legal nuances that, if mishandled, could lead to significant issues.
Here’s why you should choose our affordable online financial consent order service for £399:
- Court-Acceptance: Writing a financial consent order yourself can reduce the likelihood of court approval, especially if the terms stray from an even split. A solicitor-drafted order increases your chances of court approval, preventing costly delays.
- Legal Clauses: Including essential clauses like the sale of a property or pension sharing orders is difficult to do correctly on your own. Mistakes could jeopardise your agreement. With Divorce-Online, you get a professionally drafted order, tailored to your situation.
- Time-Saving: Avoid the hours spent on legal research and paperwork. Our service simplifies the process, saving you valuable time and preventing stress. Focus on moving forward while we handle the hard work.
- Fixed Price: You will receive a professionally drafted financial consent order for a fraction of the cost of traditional solicitors, with no hidden fees. Don’t add a financial burden to your life while dealing with a divorce!
Why Drafting a Consent Order Without a Solicitor is Tricky
A consent order is a legally binding document that sets out how you and your ex-spouse will divide your finances after a divorce.
While it might seem straightforward to draft this document yourself, the reality is that it’s not. If mishandled it could lead to significant issues.
Here’s why you should always hire a solicitor:
- Legal Precision is Crucial: The language used in a consent order needs to be precise and unambiguous. Legal documents like this must adhere to specific standards because once the court approves the order, it becomes enforceable. If the wording is unclear or open to interpretation, it could lead to disputes later on or even cause the court to reject the order.
- Complex Financial Arrangements: If you have complex finances—such as multiple properties, business interests, or pensions—it can be challenging to draft a consent order that adequately addresses all these elements. Failing to properly account for these can leave one party at a disadvantage or result in an unfair division of assets.
- Finality of the Consent Order: Once a consent order is approved by the court, it’s final. This means you can’t easily go back and change it if you realise later that something was missed or if circumstances change. This makes it vital to get everything right the first time.
The Potential Consequences of Getting It Wrong
If your consent order is not properly drafted or if important details are overlooked, there can be serious consequences:
- Court Rejection: The court may reject the order if it believes that the agreement is unfair, if there’s incomplete financial disclosure, or if the document contains ambiguous language. This means you’ll have to go back to the drawing board, which can be costly and time-consuming.
- Future Disputes: An unclear or poorly drafted consent order can lead to disputes between you and your ex-spouse down the line. For example, if the terms regarding the sale of a property are vague, you might disagree on how to proceed, which could result in further legal action.
- Financial Loss: If you overlook assets, fail to account for tax implications, or don’t secure a clean break, you could end up losing out financially. For instance, your ex-spouse might claim a share of your future earnings or inheritances, or you might be left with a tax bill that wasn’t accounted for in the settlement.
- Difficulty in Enforcement: If the consent order is unclear or contains errors, it can be difficult to enforce. This means that if your ex-spouse doesn’t comply with the terms, you might face challenges in getting the court to enforce the order.
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.
Find out how much a consent order costs and how to reduce the legal fees you pay.
Example legal clauses for a consent order
1.Property Division
The division of property, particularly the matrimonial home, is often one of the most significant aspects of a financial settlement. Your clause should specify what will happen to each property owned by either party.
Clause 1: Sale of the Matrimonial Home
“The former matrimonial home situated at [full address], registered at HM Land Registry under title number [title number], shall be placed on the market for sale within [specified time frame, e.g., 90 days] from the date of this order. The net proceeds of sale, after deduction of all sale-related costs (including but not limited to estate agent fees, conveyancing fees, and outstanding mortgage balance), shall be divided equally between [Spouse 1’s full name] and [Spouse 2’s full name].”
Specify how soon the property must be sold or transferred. This avoids delays and potential disputes. Clearly state how the proceeds will be divided. If not 50/50, provide the exact percentages.
Clarify who will handle the sale process, such as selecting the estate agent or dealing with potential buyers.
Clause 2: Transfer of the Matrimonial Home
“The former matrimonial home situated at [full address], registered at HM Land Registry under title number [title number], shall be transferred to [Spouse 1’s full name] within [specified time frame]. [Spouse 1’s full name] shall take on sole responsibility for the mortgage payments from the date of this order, and [Spouse 2’s full name] shall be released from all liabilities relating to the mortgage. Upon completion of the transfer, [Spouse 2’s full name] shall receive a lump sum payment of £[agreed amount] as full and final settlement of their interest in the property.”
2.Pension Sharing
Pensions are often one of the largest assets in a marriage. The consent order should specify whether pensions are to be shared and how this will be implemented.
Clause: Pension Sharing Order
“A Pension Sharing Order shall be made in respect of [Spouse 1’s full name]’s [specific pension plan, e.g., ‘ABC Company Pension Scheme’], with [percentage]% of the cash equivalent transfer value (CETV) as at [valuation date] being transferred to a pension arrangement nominated by [Spouse 2’s full name]. The pension sharing order shall take effect upon decree absolute, and the pension provider shall be directed to implement the transfer in accordance with this order.”
Clearly specify the percentage of the pension that is to be shared. This must be based on a recent valuation. Name the specific pension plan and provide details to avoid confusion.
The order should specify when the pension sharing order will take effect, typically upon the finalisation of the divorce (decree absolute).
3.Spousal & Child Maintenance
If one party is to provide ongoing financial support to the other, the consent order should clearly outline the terms.
Clause: Spousal Maintenance
“[Spouse 1’s full name] shall pay to [Spouse 2’s full name] spousal maintenance in the amount of £[monthly amount] per calendar month, payable on or before the [date, e.g., ‘1st of each month’], commencing on [start date] and continuing until the first of the following events:
a) The remarriage of [Spouse 2’s full name],
b) The death of either party, or
c) [Specific date, e.g., ‘5 years from the date of this order’].”
While child maintenance is typically dealt with separately through the Child Maintenance Service (CMS), some couples prefer to include it in their consent order if they have agreed privately on the terms.
Clause 5: Child Maintenance
“[Spouse 1’s full name] shall pay to [Spouse 2’s full name] the sum of £[monthly amount] per calendar month for the maintenance of [child’s name], born on [child’s birth date]. Payments shall be made on or before the [date] of each month, commencing on [start date] and continuing until [child’s name] reaches the age of 18 or ceases full-time education, whichever is later.”
4.Debts
Debts incurred during the marriage must also be addressed. This could include mortgages, loans, or credit card debts.
Clause: Division of Debts
“The outstanding balance on the [specific loan, e.g., ‘joint loan with XYZ Bank’] as at the date of this order, amounting to £[amount], shall be paid off in full by [Spouse 1’s full name] within [specified time frame]. Upon payment, [Spouse 2’s full name] shall be released from any further liability in respect of this debt. Each party shall remain solely responsible for any debts incurred in their own name.”
Clearly specify who is responsible for paying off each debt. Ensure that the party not responsible for repayment is released from liability by the lender, if possible.
5.Lump sum payments
If one party is to receive a lump sum as part of the settlement, this must be detailed in the order.
Clause: Lump Sum Payment
“[Spouse 1’s full name] shall pay to [Spouse 2’s full name] a lump sum of £[amount], payable within [specified time frame, e.g., ’30 days’] of the date of this order. This payment shall be made by bank transfer to an account nominated by [Spouse 2’s full name]. This payment represents full and final settlement of all financial claims between the parties.”
Specify how the payment will be made and provide a clear deadline for when the payment must be completed.
Online Consent Order Service – £399
This service is the simplest way to obtain a professionally drafted consent order. We will take your financial agreement and have it drafted by SRA-regulated family law solicitors into a professionally drafted consent order. You will receive a guide with instructions to submit it to the court yourself, saving you more in legal fees.
Tips when drafting a consent order yourself
- Use Precise Language: Avoid terms like “reasonable” or “as soon as possible” which can be open to interpretation. Instead, use specific dates, amounts, and actions.
- Number Clauses Clearly: Each clause should be numbered and structured logically. Group related clauses together (e.g., all clauses relating to property in one section).
- Consult Precedents: If unsure, consider reviewing examples from similar cases or legal precedents to ensure your clauses are structured correctly.
- Legal Review: Even if you are drafting the consent order yourself, it is highly advisable to have a solicitor review the operative provisions to ensure they comply with legal standards and accurately reflect your agreement.
The operative provisions of a consent order are the backbone of your financial settlement.
By carefully drafting each clause, you ensure that both parties’ rights and responsibilities are clear, which helps prevent future disputes and makes the court approval process smoother.
Remember, the more precise and detailed your provisions, the stronger and more enforceable your consent order will be.
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.
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 £399.
- What are the court fee costs? To file a consent order, you will be required to pay the court fees, which currently stand at £58 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
Secure Your Finances Today for £399
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 – £399
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.