Divorce is often a challenging and emotional process, but when both parties agree on the division of assets and financial matters, obtaining a consent order can help make the transition smoother. A consent order is a legally binding document that finalises the financial agreements between divorcing spouses, ensuring that neither party can make further financial claims in the future. This blog will guide you through the process of getting a consent order in the UK.
What is a Consent Order?
A consent order is a legal document that outlines how a divorcing couple's financial assets, such as property, savings, pensions, and other financial matters, will be divided. It may also cover any ongoing financial support, such as spousal maintenance or child support. Once approved by a court, a consent order is legally binding, meaning both parties must adhere to the agreed terms.
The consent order is particularly important because, without it, either party could potentially make future financial claims against the other, even years after the divorce is finalised.
Step 1: Reach an Agreement
The first step in obtaining a consent order is for both parties to reach an agreement on how their finances will be divided. This includes decisions about:
- Property: Who will keep the family home or how the sale proceeds will be divided.
- Savings and Investments: How bank accounts, savings, and investments will be split.
- Pensions: How any pension funds will be divided, if applicable.
- Debts: Responsibility for paying off any shared debts.
- Spousal Maintenance: Whether one party will continue to support the other financially and for how long.
- Child Maintenance: Financial support for any children involved, including living expenses and education costs.
It’s often helpful to seek legal advice or work with a mediator to ensure that the agreement is fair and comprehensive.
Step 2: Draft the Consent Order
Once both parties have reached an agreement, the next step is to have a solicitor draft the consent order. Although it’s possible to write the order yourself, it’s highly recommended to use a solicitor to ensure that the document is legally sound and accurately reflects the agreement.
The consent order will typically include:
- A Schedule of Assets: A detailed list of all assets and how they will be divided.
- Maintenance Arrangements: Specifics on any spousal or child maintenance, including the amount and duration.
- Provisions for Future Changes: How the agreement might change in the event of significant life changes, such as remarriage or retirement.
- A Clean Break Clause: A clause that ensures both parties agree not to make any further financial claims against each other once the divorce is finalised.
Step 3: Apply for a Decree Nisi
Before you can submit your consent order to the court, you must first obtain a Decree Nisi, which is the first stage of the divorce process that indicates the court does not see any reason why the divorce cannot proceed. The Decree Nisi confirms that your divorce is valid, and it’s during this stage that you can apply for a consent order.
If you haven't already done so, you'll need to complete the necessary divorce application forms, file them with the court, and go through the standard divorce process to reach this point.
Step 4: Submit the Consent Order to the Court
Once the Decree Nisi has been granted and the consent order is drafted, it must be submitted to the court for approval. You’ll need to complete and include a Form A (Notice of an application for a financial order) and a Form D81 (Statement of Information for a Consent Order), which provides details about both parties' financial situations.
There is also a court fee for submitting the consent order, which is currently £53 (as of 2024). This fee may vary, so it’s a good idea to check the latest information.
Step 5: Court Review and Approval
After you submit the consent order, a judge will review it to ensure that it’s fair and reasonable for both parties. The judge’s primary concern is to ensure that any agreements made protect the welfare of any children involved and that neither party is left in financial hardship.
In most cases, if the agreement is clear, fair, and meets all legal requirements, the judge will approve the consent order without the need for a court hearing. If the judge has any concerns, they may request additional information or suggest amendments.
Step 6: Finalise the Divorce with a Decree Absolute
Once the consent order is approved, you can apply for the Decree Absolute, which is the final stage of the divorce process. The Decree Absolute officially ends the marriage and, with the consent order in place, legally finalises the division of financial assets.
Why a Consent Order is Important
Having a consent order in place provides several important benefits:
- Legal Certainty: It ensures that the financial agreement is legally binding and enforceable by law.
- Future Security: It protects both parties from future financial claims, providing peace of mind that the financial aspect of the divorce is fully resolved.
- Clarity: It clearly outlines the financial responsibilities of both parties, helping to prevent misunderstandings or disputes in the future.
Conclusion
Obtaining a consent order is a critical step in ensuring that your financial settlement in a divorce is legally binding and fair. By following the steps outlined above, you can navigate the process more smoothly and protect your financial future.
Whether you’re just starting the divorce process or are ready to formalise an agreement, it’s essential to seek legal advice to ensure that your rights and interests are fully protected. A well-drafted consent order can help you move forward with confidence and security.
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