A Consent Order, also known as a Financial Consent Order, is a legal document that sets out how marital finances and assets will be divided following divorce or dissolution. It is important to have a Consent Order drawn up and approved by the courts to ensure that any agreement reached is legally binding and can be enforced if needed.
A Consent Order includes all of the details of how martial assets will be fairly divided, including savings, pensions, property, investments, business interests, and any debts owed. In addition, any ongoing payments, such as spousal maintenance and child maintenance, will be detailed. It is important to bear in mind that while a consent order is a legally binding document, any reference to child maintenance in a consent order is normally legally binding for only 12 months. After this time, the Child Maintenance Service (CMS) will determine if child maintenance should be paid.
As of the time of writing (December 2023), the court fee for a Consent Order is £53. In addition, legal fees for a divorce lawyer depending on the complexity of the matter. Although it’s not a legal requirement to draft or apply for a consent order through a solicitor, it is recommended to consult a divorce solicitor to ensure it is drafted properly, especially if the consent order involves complex issues. They can help ensure that all financial matters are comprehensively covered in the agreement, thereby helping to avoid future disputes. For more detailed information, please contact our divorce lawyers.
What is the difference between a Consent Order and a Clean Break Order?
Consent Orders can also set out whether the parties to the divorce will break all financial ties and obligations to one another; this is known as a ‘clean break’.
A Clean Break Order is simply a type of Consent Order. If your Consent Order contains a section on how a clean financial break will be achieved between you and your ex-partner, it effectively becomes a ‘Clean Break Order’. Depending on the circumstances, a clean break can be made immediately or at some point in the future.
When should you apply for a consent order?
You can ask the court to approve your draft Consent Order as soon as you have received your Conditional Order (also called a decree nisi). If you apply before you receive your Conditional Order, the court will not be able to approve it. It is important to bear in mind that your Consent Order will not be legally binding until it has been approved by the court and you have received your Final Order. While it is possible to apply for a Consent Order after you have finalised your divorce, there may be financial consequences for doing so. For this reason, it is important to apply as soon as possible.
How to apply for a consent order?
There are several steps completed by either by yourself or a divorce lawyer when applying for a Consent Order:
- Ask both parties to fill out Form D81. The form requires information about each party’s financial circumstances to support the application for a Consent Order
- Draft a Consent Order based on the agreement reached between the divorcing couple
- Request signatures of both parties for the draft Consent Order
- Request one party to complete Form A (Give notice of your intention to proceed with an application for a Financial Consent order) – this is the application form that is sent to the court to request approval of the Consent Order
- Pay the court fee of £53
- Submit completed forms and send all of the documents required to the appropriate court or the HMCTS Financial Remedy service
- Upon approval by the court and receipt of the Final Order, your Consent Order will become legally binding.
Can a consent order be changed?
A Consent Order can be changed if both parties agree to do so. To change the order, a revised version should be sent to the court with a copy of the original for approval.
If you want to change your Consent Order, but your ex-partner does not agree, you may be able to challenge the order in certain circumstances, including if:
- The other party did not provide full disclosure of their full financial status and assets
- There is evidence of fraud or misrepresentation
- The consent order was entered into under undue influence, or there was a lack of mental capacity, or
- An unforeseen event happened shortly after the Consent Order was signed, which may change the terms of the agreement.
What if a consent order is breached?
If your ex-partner has breached a Consent Order, he or she is breaking the law, and the courts can enforce the Consent Order.
It is advisable to speak to him or her directly to find out if there is a valid reason. If they are not willing to cooperate or if they have breached the order several times, you may need to take the matter further by sending a formal letter from a divorce lawyer explaining that they are in breach of the Consent Order and that enforcement action will be taken unless a resolution can be reached. If a formal letter does not resolve the matter, your divorce lawyer can then take legal action through the family court against the non-cooperating party using Form D11, Enforcement of Consent Order. This may result in the non-cooperating party receiving a fine or even imprisonment in exceptional circumstances.
