What is a Consent Order in divorce?

A consent order is a legally binding document that formalises specific financial obligations between a divorcing couple.

It is extremely important that you understand what a consent order is, and the role they play in divorce proceedings and what they mean. This is particularly the case when more and more couples are starting the divorce process online because parties are not always aware that the Court will not automatically consider financial arrangements for you.

When you get divorced, financial obligations between a couple are not automatically ended through divorce. The final order only ends the marriage, it does not end the possibility of making financial claims against your spouse. Unless there is a separate order that dismisses or deals with those financial claims, then in theory those can remain open indefinitely. This is the case even if you and your spouse reach a financial agreement between you both and divide any assets between you. A financial order is the only way to share pensions, and these are often overlooked by couples when divorcing. Often pensions are extremely valuable assets, sometimes even more than any family home.

A Consent Order can include:

• Who should live in the family home or if this should be sold and the proceeds divided
• How to split pensions;
• Maintenance payments for a spouse and how long they should last for; 
• Dismissing all claims or future claims

It is vital that if you have any financial ties to each other that you take legal advice on what should happen to your assets. This enables your lawyers to discuss options with you and to decide how best to negotiate a settlement. Negotiation can take place between Solicitors, or you can look at methods of resolving the financial agreements, such as going to a mediator to work out what should happen. Your lawyers will assist you through that process.

Once you have reached a financial agreement this can be drawn up into a document - the Consent Order. You will also have to complete a Statement of Information (D81), which gives a snapshot of your current financial position and a brief explanation of how you got to those decisions. Those documents will then be sent to the court for a judge to check that it is fair and reasonable. It is important to note that a judge is not just there to rubber-stamp any agreement you have reached, they must ensure that it is fair to both parties. You cannot assume that a judge will simply grant an order without considering all factors.

We strongly recommend that, even if you are applying for the divorce yourself online, that you check your financial positions with our lawyers to consider all your options and ensure that you are protecting yourselves. We offer an initial appointment free of charge to discuss these matters with you and after that we can help you through the financial process and give guidance to the best options available you and draw up a Consent Order with you.

Although every effort has been made to ensure that the information provided in this article is accurate and correct, the information provided does not constitute any form of advice.