What is a Consent Order in financial proceedings?

A consent order is the final document in your financial settlement which sets out how your property and money, including but not exclusive to, savings, investments and pensions will be divided.

You can reach an agreement out-of-court with your spouse with or without full and frank disclosure, however, it is always better to have full and frank disclosure so that your solicitor can properly advise you to whether the agreement is fair for you. Even though this document will be agreed out-of-court, it is still legally binding.

If you cannot reach an agreement out-of-court, then it will be necessary to start legal proceedings in court. At any point throughout the court process, you and your spouse can reach an agreement and have a consent order drafted. If you cannot reach an agreement, at the final hearing in your financial proceedings a judge will look at all of the evidence and you will have to answer questions in the hearing. Once the judge has heard all of the evidence they will make the decision as to how your property and money will be divided and this will be drafted into a consent order which will be legally binding.

Before you can have your consent order drafted or, if not in agreement with your spouse and you are going to apply to court, your divorce proceedings need to have started. The consent order will be drafted and lodged with the court when you are at the second stage of your divorce (when your decree nisi has been pronounced).

Before the judge approves the consent order, he/she is under a duty to consider whether the agreement is reasonable, fair and proper financial provisions for both parties have been met. If the consent order is lodged by agreement via the out-of-court route, this is done by both parties completing a statement of information, which is a standard form setting out your finances. Once this has been completed the consent order, statement of information and a court fee of £50 (normally this will be split and you will each pay £25) can be lodged with the court.     

Contact Harrowells Family Law Team if you need expert advice concerning separation or divorce. Each step of the way we explain your options and the processes involved in straightforward, practical terms.