What is a Consent Order?

What is a Consent Order?
Do I need a Consent Order for my divorce?

Given today’s economic climate, many spouses or civil partners who are separating may opt to try and negotiate a financial settlement without the benefit of legal or financial advice.  Whilst it is entirely possible for ex-spouses or ex-civil partners to reach settlement terms without the assistance of a lawyer, it is a common misconception that once an agreement is reached and the divorce is finalised, all financial claims come to an end. However, a financial agreement is not legally binding until it is recorded in a formal Consent Order and approved by a Judge. Only at this point will the ex-spouses or ex-civil partners be legally “financially disconnected” from each other.

Many people choose DIY divorce to minimise intervention in their otherwise amicable divorce. However, it is important for the parties to realise that instructing a divorce solicitor does not mean they have failed at negotiating and doing so should not increase any tension or animosity. The opposite effect is actually more likely as the specialist divorce solicitor can provide advice and guidance on whether the settlement terms are fair and reasonable and more crucially, can then prepare the formal Consent Order required to bring financial claims to an end.

A Consent Order is a legally binding document drafted by a specialist family solicitor. When a Consent Order is filed at court, the parties must also file a Statement of Information (known as a D81 form), which provides the Judge with a snapshot of the parties’ financial circumstances. The Judge then cross-references this document against the Consent Order so he or she can determine whether the settlement terms reached is fair for both parties. It is important that the Consent Order is prepared by an experienced family solicitor as there are technical provisions needed within the document to make sure the parties get a full clean break from each other at the correct time.

It’s important to know that although the parties may be happy with the settlement terms reached, the Judge can refuse to make an order in the agreed terms. For example, if the judge feels that the settlement is unfair for either party because it does not meet needs of all involved, or the division of assets is too far in one parties’ favour without good reason. The judge will likely want a more detailed explanation from the parties as to why they have come to these particular settlement terms.

In such situations the Judge can:

• Request further information to clarify the situation
• Seek reassurance that each party remains happy with the agreement
• Request that the order is amended
• Refuse to make the order in its entirety.

Whilst it is rare that the court will refuse an order, it is possible. A more likely solution is that the court would work with the parties to amend the order, so that they are fully satisfied that the result will be fair. Judges are often more likely to approve a Consent Order when they are satisfied that both parties have received legal advice and are making informed decisions.

If you need help with negotiating a settlement with your ex-spouse or ex-civil partner or want to discuss the need for a Consent Order in more detail, contact our experienced family law solicitors today and find out more about our initial consultation process at Kerseys Solicitors in Ipswich at [email protected] or telephone 01473 213311 or Kerseys Solicitors in Felixstowe at [email protected] on 01394 834557 or Kerseys Solicitors in Colchester at
[email protected] on 01206 584584.