What you need to know about consent orders in divorce
A consent order is an order made by a judge in divorce proceedings, where both parties have agreed their financial settlement and agree to a financial order being made without the need for a court hearing.
A consent order agreement will explain to the court how you intend to split assets such as money, property, pensions and savings.
The order can also include details on spousal and/or child maintenance arrangements, which enables the family court to enforce these if the maintenance is not paid.
To separate your finances, you need to reach a financial settlement and turn that into a court order that is different from the divorce itself.
If you don’t obtain this court order following a divorce then the agreement you’ve reached isn’t legally binding and therefore the court cannot enforce it.
An order can be applied for at the decree nisi stage of divorce proceedings and becomes legally binding when the Decree Absolute has been granted.
Things to consider before applying for a consent order
If you are in the process of divorce and are now considering the terms of your financial settlement, there are 3 things to really consider before signing the order.
1. Don’t assume a 50/50 split is fair
In most instances, starting at 50/50 is right, but don’t assume that’s right for you without looking at the finer details of your marriage, such as earning potential and childcare responsibilities.
For example, short marriages are often not split 50/50.
It would be unfair to settle for a 50/50 split if there have been inherited assets or vastly different contributions made to held assets from one spouse.
2. Don’t assume the Judge will grant your order
Couples often assume that just because they’ve agreed to a financial settlement that the Judge will grant them their order.
However, this is a dangerous attitude to have as the Judge will only grant the order if he or she feels that the order is fair to both parties.
If they believe the order to be unfair to either party, you will likely be asked to provide more information on how you came to the settlement to ensure both parties understand the order being proposed.
3. Ensure you have full financial disclosure
This is one of the most important parts of agreeing to a fair financial settlement.
You can’t come to a fair deal with your money, property and assets if both parties don’t have a full understanding of their spouse’s full income, assets and pension values.
If you don’t believe there’s full disclosure on money, capital or pensions, we’d recommend that you get some low-cost legal advice.
Why should I obtain a consent order?
It is always sensible to draw a line in the sand when it comes to splitting your financial matters in a divorce.
If you are selling property, transferring property, making a pension sharing order or paying over money, then you are advised to obtain a consent order, to make sure the other party carries out what they have agreed.
Most of all, obtaining the order will stop either spouse attempting to claim for more money or assets at a later date, which gives both parties protection once the divorce is finalised.
View our Consent Order Service – £299
You’ll save over £1,000 when compared to hiring high-street solicitor without needing to visit our offices, take any time off work or arrange childcare as everything is completed online at your convenience.
Professionally drafted by our family law solicitors
Legally separate property, lump sums, personal belongings, debt and maintenance
A one-off payment of £299, to help you save over £1,000 on legal fees
Everything is completed online to make the process more stress-free and efficient
How To Obtain a Consent Order With Divorce-Online
Our Consent Order Service makes obtaining a financial court order quick, stress-free and affordable.
When using high-street solicitors, you’ll need to visit their offices, attend meetings etc, see how it works with us.
Find a suitable service
Use our free online tool to find out which of our financial order services is the best suited to your circumstances. It takes less than 2 minutes and can help save you the stress of finding the service you need.
Complete your purchase
Once you’ve found the right service, you can then pay online using our secure checkout. If you would prefer to speak to an advisor before going ahead with us, then please call us on 01793 384 029, or use our free live chat service.
Login to your account
Login to your account and provide us with the agreement details so that we can pass them onto our solicitors for drafting. It usually takes 28 working days for your order to be drafted.
Paperwork is filed at court
Once the order has been drafted and both parties are happy with the agreement, we will process your financial order application through the courts for you. You’ll then receive confirmation from us once the order has been granted.
How long does it take to obtain a court order?
If the contents of your consent order are very straightforward the court normally takes 3-5 weeks to process the application.
However, this is dependent on which court you use to file the order with as courts in large areas such as London are likely to have a longer timescale.
If the agreement appears fair then the Judge should approve it, however, if there are issues the judge can write back requesting further information to help them make a decision.
If the Judge is still not satisfied they can call a hearing with both parties to attend, but this is quite rare in our 20+ years experience.
If you can come to an agreement with your spouse it will prevent longer time frames, more costs and less stress for all concerned.
Consent Order Requirements
- Both parties need to be in agreement to end their financial relationship
- Parties must be open and honest about their financial situations
- Parties must be willing to sign the agreement
- You must pay the £50 court fee (unless you are exempt).
How We Work
Without a consent order, either party can apply to the court for a financial order at a later date. So, even if you have reached an agreement and divided your assets formally, your spouse can at any time apply to the court for more than you agreed.
Whether the court would give them any more money is another matter, but the fact they can apply would cause unnecessary stress and legal costs with having to defend your settlement.
No, you don’t need to physically attend a court to file a consent order; it is all done by post.
As part of our Managed Consent Order Service we’ll file the order for you and deal with any questions or queries that the court or judge have about your agreement.
Once the drafted paperwork and court fee has been registered at court, it will be sent to a judge to approve the order.
The current court fee for filing a consent order is £50.00. This will need to be attached to your draft agreement when sent to the court.
This fee is set by the government and will need to be paid before the order can be processed through court.
Consent Order Service – £299 Fixed Fee
Over 40,000 couples have used this service to legally separate any assets and finances within a divorce, e.g. the family home, pensions, money and personal belongings. It’s the most affordable, straightforward and efficient way to deal with your finances.
View Our Consent Order Service – £299
This services involves our solicitors drafting your consent order and then processing it through the courts until the order is granted by a Judge.
Legally separate property, lump sums, personal belongings and maintenance
No need to attend court, our offices or take time off work
Everything is completed online at your own convenience
Fixed-fee of £299 with no hidden charges.