What is a consent order in divorce and how does it work

If you and your spouse have reached an agreement about how to divide your finances on divorce, that agreement is not legally binding until it has been approved by the family court in the form of a consent order. Without a consent order, either party can bring new financial claims against the other at any point in the future, including years later. This is one of the most common and costly mistakes divorcing couples make.

What Is a Consent Order?

A consent order is a court order that records and legally formalises the financial agreement reached between divorcing spouses. Once approved by the court, it is binding on both parties and provides a clean financial break: preventing either party from bringing future financial claims against the other in connection with the marriage.

A consent order can cover the division of property, savings, pensions, income, and any other financial matters arising from the marriage.

Why Is a Consent Order Necessary?

Under English law, a financial claim arising from a marriage does not automatically end when the divorce is finalised. Without a consent order dismissing financial claims, your former spouse retains the legal right to bring a financial claim against you years or even decades after the divorce. For example,, if your circumstances change and you come into significant wealth.

The necessity of a consent order is underlined by cases where couples who reached an informal agreement at the time of divorce: but did not obtain a court order: found themselves facing unexpected financial claims from a former spouse many years later. A consent order prevents this from happening.

What Is Included in a Consent Order?

A consent order sets out the agreed financial arrangements in legally precise terms. Typical provisions include:

• Transfer of the family home or a sale and division of the proceeds
• Pension sharing arrangements and any pension sharing annex
• Lump sum payments from one party to the other
• Maintenance payments and their duration
• A clean break clause dismissing all future financial claims

How Is a Consent Order Obtained?

1. Agree the terms: You and your spouse reach agreement on all financial matters, either directly or through negotiation assisted by your respective legal representatives.
2. Draft the order: A consent order must be drafted in the correct legal form. This is usually done by a barrister or solicitor. It is not advisable to attempt to draft a consent order without legal assistance, as errors can invalidate the order or fail to protect you adequately.
3. File the order with the court: The draft consent order is filed with the family court, together with a Form D81 (statement of information for a consent order). The judge considers whether the terms are fair before approving it.
4. Court approval: If the judge is satisfied that the terms are fair, they approve the order. This is usually done on the papers without either party needing to attend court.

How Much Does a Consent Order Cost?

Having a barrister draft a consent order and file it with the court typically costs between £500 and £1,200 depending on complexity. There is also a court fee of £53 for filing. This is a modest sum relative to the protection a properly drafted consent order provides for your long-term financial security.

Summary

A consent order makes your agreed divorce financial settlement legally binding and prevents future financial claims being brought against you by your former spouse. Without one, your financial agreement is not enforceable and you remain exposed to future claims. Consent orders must be professionally drafted and approved by the family court. The cost of obtaining one is modest relative to the protection it provides.

To work with a Barrister on your Consent Order contact us.