What Is A Consent Order?

In April 2022, no fault divorces were introduced alongside an online system where a couple can apply for a divorce jointly or as a sole application. Ideally, couples will be able to amicably reach a private agreement on the terms of their divorce, deciding who will receive which marital assets, what will happen to the family home and establishing child arrangements. Regardless, even where a couple are able to agree on these matters themselves, these agreements are not legally binding, for this, a consent order is required.
 

A divorce consent order refers to a legal record of an agreement between the divorcing parties. It is a legally binding document that has been sealed by the court and reflects the terms of an agreement that has been reached by the two parties during divorce proceedings. This means that the parties have come to a satisfactory agreement to how their marital assets with be divided, as well as how any child arrangements will work. Their solicitors will then have drafted the agreement using specific legal terms that ensure that any future claims against either party will be handled and dismissed if appropriate.
 

In this article, we’ll cover everything that you need to know about consent orders, from how and when to apply, to what happens if you do not obtain a consent order, and how long the process takes.
 

If you are going through a divorce, and need support with the associated financial matters, please contact our divorce financial settlements solicitors today.
 

How to apply for a consent order?

To apply for a consent order, also referred to as a financial consent order, there must be pre-existing divorce proceedings being undertaken with an assigned case number. As of April 2022, consent orders are now submitted to court via the online court portal and handled by an administrative judge. Once the consent order has been approved, both parties will receive an email and the sealed order can then be downloaded for any administrative uses.
 

If you have questions about your consent order application, or require support, our expert solicitors would be more than happy to assist.
 

How long does it take to get a consent order?

Once a couple has reached an agreement on how their assets will be divided, either privately or through other methods such as alternative dispute resolution such as mediation, their solicitors can then draft a consent order document to reflect the agreed terms. This order is then signed by both parties alongside a court form referred to as the “Statement of Information”. This court form summarises each parties’ financial situation both before the order is granted and afterwards.
 

Once a judge has approved and sealed the consent order, it will then be sent to both individuals by post. The approval process will depend on various factors but on average will take between 2 to 4 weeks.
 

When should you apply for a consent order?

If you are able to reach an amicable agreement with your spouse about your financial assets, it is then vital that you apply for a consent order to make this agreement legally binding. Should you decide that one spouse will retain all or a larger share of the assets, it is still highly recommended that you make this legally binding with a consent order to prevent any claims from arising in the future.
 

When are consent orders used?

Consent orders are very common in divorce proceedings and in family law in general, often being used when parties have reached an agreement and wish to avoid costly and time-consuming court proceedings.
 

What happens if you don’t get a consent order when getting divorced?

Should you choose not to obtain a consent order following your divorce, your ex-spouse will then have the opportunity to make a claim against your pre-existing financial agreement, if they should change their mind. This often occurs should one of your financial situations change, if you have not cut ties entirely financially or if you were to come into any form of wealth suddenly.
 

A consent order protects against these situations, making the financial agreement that you made following your divorce legally binding, so that any financial claims made against you are typically dismissed.
 

If you would like to discuss your consent order for divorce options today, our divorce and finances specialists at TG Baynes can assist you.
 

What is a breach of consent order?

Should one of the parties fail to carry out obligations stated in the consent order, this is referred to as a breach of the order. When this happens, the court can be asked for the consent order to be enforced. If the court then agrees that the other party has breached the consent order, the party in breach will then have to comply with the terms of the order as well as covering the costs involved in bringing the case to court.
 

How can our solicitors help?

At TG Baynes, our solicitors have a wealth of experience in assisting clients to make any agreements made following a divorce legally binding, protecting them from any future claims. Not only this, but we can also offer legal representation throughout the entire divorce process, ensuring that your rights are protected and that your concerns are heard and addressed.
 

We understand that going through a divorce is never easy, so we take extra steps to make sure that you feel fully supported whilst going through this process. Our solicitors will be available at every step to answer any questions that you might have, whilst providing reassurance and professional insight. We know that you will want to focus on moving on with your life as quickly as possible, so we will handle all the legal aspects of your case on your behalf, including drafting and submitting your consent order.
 

At TG Baynes, we always put our clients first, listening to your concerns, and tailoring our service to your situation.
 

Contact our solicitors

To speak to one of our excellent solicitors about your options when it comes to a divorce, please call one of our offices in Bexleyheath, Dartford or Orpington. You can also use our online contact form to make an enquiry or request a call-back, in which case a member of staff will be in contact to answer any initial questions you may have.