Consent Orders Solicitors
If you have agreed how to deal with finances after divorce or the end of a civil partnership, a consent order can record those arrangements and be submitted to the court for approval. National Legal Service Private Law can help you understand the issues involved and consider the next steps. Please note that we do not offer legal aid for private divorce and financial matters.
Turn an agreed financial arrangement into a clearer way forward.
Consent order advice from National Legal Service Private Law
Reaching an agreement about finances can be an important step after separation. You may have agreed what will happen to the family home, savings, pensions, investments, debts or ongoing maintenance.
A consent order is a legal document that sets out an agreed financial arrangement. Once approved by the court, it becomes legally binding. It can cover assets including property, savings, investments and pensions, as well as maintenance arrangements.
The NLS Private Law department provides clear advice, careful representation and practical support. We can help you understand the financial issues that need to be addressed and consider whether a consent order is appropriate for your circumstances.
What is a consent order?
A consent order is used when divorcing spouses or civil partners have reached an agreement about their financial arrangements and want to ask the court to make it legally binding.
The order can record how assets, income and liabilities will be dealt with following separation. This may include arrangements for:
- The family home and other property
- Savings and investments
- Pensions
- Maintenance payments
- Debts and financial liabilities
- Businesses and company interests
- Other financial assets
A consent order should reflect the circumstances of the people involved and the terms they have agreed. It should not be assumed that one form of agreement will be suitable for every family.
Why consider a consent order?
An informal agreement may help people manage finances in the short term, but it does not have the same legal status as a court-approved consent order. GOV.UK explains that an agreement which is not legally binding cannot be enforced by the court if difficulties arise later.
A consent order can provide a clear record of what has been agreed and how financial arrangements are intended to work. This can be especially important where there are significant assets, pension provision, property, maintenance arrangements or complex financial circumstances.
National Legal Service can help you identify the matters that may need to be covered before arrangements are finalised.
Financial information and reaching an agreement
Before an agreement is prepared, it is important to understand the overall financial position. This may include information about property, income, savings, investments, pensions, debts and other financial resources.
This process is often described as financial disclosure. Clear financial information can help each person understand the matters that need to be resolved and make informed decisions about a proposed settlement.
When a consent order is submitted to the court, Form D81 is used to provide information about both people’s financial circumstances. The form is intended to help the court decide whether the agreed financial and property arrangements are fair.
What can a consent order include?
The arrangements included in a consent order will depend on the circumstances. Financial matters that may need to be considered include the following.
Property and the family home
Property can be one of the most important aspects of a financial agreement. This may include the family home, investment properties, holiday homes or land.
The agreement may need to address ownership, a transfer of property, sale arrangements, mortgage responsibilities or how any proceeds of sale will be dealt with. Housing needs and the practical arrangements for any children may also be relevant.
Savings, investments and business interests
Savings, investments and business interests can form an important part of the financial picture. A business may provide income, future security or both, while investments may be held in different accounts or structures.
It can be important to understand how these assets are owned, their value, any associated liabilities and the part they may play in the wider financial arrangements.
Pensions and future financial planning
Pensions can be a significant asset after divorce or dissolution, particularly where one person has built up more pension provision than the other.
A consent order can include pension arrangements. Where pension sharing is agreed, the order must include the necessary pension-sharing provisions and supporting documentation. GOV.UK identifies pensions as one of the assets that can be addressed by a consent order.
For more information, visit our [pension sharing orders]([Insert approved internal link]) page.
Maintenance and income
A financial agreement may also address maintenance payments. The appropriate arrangements will depend on the income, financial needs and wider circumstances of the people involved.
It is important to consider the terms of any proposed maintenance arrangement carefully, including how it fits alongside property, pensions, savings and other financial resources.
The consent order process
The process will depend on the circumstances and the type of financial agreement reached. In general, the parties will need to agree the proposed terms, prepare a draft consent order and provide the court with the relevant supporting information.
GOV.UK states that an application for a consent order can be made when applying for divorce or dissolution, or at any time afterwards. The court cannot approve a consent order before the conditional order. GOV.UK also notes that it is usually simpler to seek approval before the final order, particularly where pensions are involved.
A consent application normally requires a signed draft consent order, a statement of information using Form D81 and a notice of application for a financial order.
The court will consider the application and may approve the order, request further information or ask for changes before making an order.
Consent orders and clean-break arrangements
Some financial agreements aim to provide a clean break, meaning that the order ends certain financial claims between former spouses or civil partners. Whether a clean break is appropriate will depend on the individual circumstances and the terms of the proposed financial arrangements.
A clean-break provision is not suitable in every case. Ongoing maintenance, pension arrangements, housing needs and the needs of children can all affect what needs to be considered. National Legal Service can help you understand the issues before you make decisions about the terms of an agreement.
Consent orders in complex financial circumstances
Some agreements involve more complex assets or financial arrangements. This may include multiple properties, investments, a business, pension provision, trusts, inherited assets or property held outside the UK.
In these circumstances, it is important to understand the full financial picture before finalising an agreement. The NLS Private Law department can help you identify the matters that may need to be addressed and consider how they fit within the wider financial arrangements.
When a consent order may not be possible
A consent order is based on agreement. If you and your former spouse or civil partner cannot agree how to deal with finances, you may need to consider a financial remedy application.
A financial remedy application can involve financial disclosure, settlement discussions and court hearings where the issues remain unresolved. For more information, visit our financial remedy orders page.
Shabana Sultana - Head of Private Family Law
Shabana has spent more than 26 years working solely in family law and can conduct with confidence all private family cases of every description. She specialises in financial matters following divorce and private Children’s matters with a focus on international child relocation cases are the heart of her practice. She is a natural problem solver always thinking creatively and outside the box to achieve successful outcomes for her clients. Her clients praise her for being a master negotiating who is never phased by the noise of her opponents, and this has meant she can boast a strong record of achieving out of court settlements.
Shabana works alongside an impressive team of carefully selected experts who lead with discretion and expertise including accountants, auditors, from pension actuaries to surveyors and private investigators. Twenty-six years in practice have given her a strong network of family law barristers who time after time deliver the results her clients want.
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Consent Orders FAQs
- What is a consent order in divorce?
A consent order is a legal document that records an agreed financial arrangement following divorce or civil partnership dissolution. Once approved by the court, it becomes legally binding.
- Do we need a consent order if we agree about finances?
An informal agreement is not legally binding. If you want the court to be able to enforce the agreed financial arrangements, you can ask it to approve a consent order.
- What can be included in a consent order?
A consent order can include arrangements for property, pensions, savings, investments and maintenance payments. The contents will depend on the agreement reached and the financial circumstances involved.
- What is Form D81?
Form D81 is a statement of information about both people’s financial circumstances. It is provided with a consent-order application to help the court decide whether the agreed financial and property arrangements are fair.
- Can a consent order include a pension-sharing arrangement?
Yes. Pension arrangements can be included in a consent order. Where pension sharing is included, the required pension-sharing documentation must also be provided.
- When can I apply for a consent order?
You can ask the court to approve a consent order when applying for divorce or dissolution, or at any time afterwards. The court cannot approve it before the conditional order.
- What happens if the court does not approve the consent order?
The court may request further information, ask for amendments or require the application to be dealt with further before an order is made.
- What if we cannot agree on a financial settlement?
If agreement cannot be reached, you may need to consider applying to the court for a financial remedy order. The process and next steps will depend on the financial issues in dispute.