Consent Order Solicitors

A consent order is a judge-approved court order that makes your agreed divorce finances legally binding and can stop future financial claims between you.

It records how money, property, pensions and maintenance will be divided. Without one, even a signed agreement between you and your spouse is not legally enforceable.

If you and your spouse have reached an agreement about your finances, a consent order is the step that makes it stick. At Vanguard Solicitors, our London family law solicitors draft clear, enforceable consent orders and guide you through court approval, so your settlement is protected for the long term.

Want to formalise your financial agreement after divorce? Contact Vanguard Solicitors on 0208 616 5535 for advice on preparing a consent order.

Table of Contents

What is a consent order?

A consent order is a financial order made by the family court with the agreement of both spouses. It has exactly the same legal force as an order made after a contested hearing, but it reflects terms you have negotiated yourselves rather than terms imposed by a judge.

A consent order can deal with any part of your financial settlement, including:

• Transfer or sale of the family home and other properties
• Lump sum payments from one spouse to the other
• Division of savings, investments and other capital
• Pension sharing or pension attachment orders
• Spousal maintenance, including amount and duration
• Responsibility for debts and mortgages
• A clean break, dismissing future claims

It is usually set out as a series of recitals (background statements and agreements) and formal orders (the parts the court can enforce).

Why do I need a consent order if we have already agreed?

You need a consent order because an informal agreement, even a signed one, does not stop either spouse from making financial claims in the future. Only a court order can do that. A consent order also gives you a way to enforce the agreement if the other person does not follow through.

Financial claims arising from a marriage do not automatically end when the divorce is finalised. If you divorce without a financial order, your former spouse could apply for a share of your assets years later, including assets you acquired long after you separated. The courts have confirmed that such late claims are possible in principle.

A consent order protects you by:

• Making the agreed terms enforceable through the court
• Closing off future claims where a clean break is included
• Providing the legal authority needed to divide pensions
• Giving lenders, pension providers and the Land Registry the documents they require

How do you get a consent order?

To get a consent order, both spouses agree the terms, a draft order is prepared, and it is sent to the court with a statement of information (Form D81) summarising each person's finances. A judge reviews the paperwork and, if satisfied the terms are fair, approves the order. Most consent orders are approved on paper without a hearing.

The usual steps are:

1. Financial disclosure: Both spouses share full details of their income, assets, pensions and debts.
2. Negotiation: Terms are agreed, through solicitors, mediation or direct discussion.
3. Drafting: A solicitor prepares the consent order in the correct legal format.
4. Signing: Both spouses sign the draft order and the D81 statement of information.
5. Pension forms: If pensions are being shared, the relevant pension annex forms are completed.
6. Submission: The documents are filed with the court, usually online.
7. Judicial approval: A judge considers the order and approves it, asks questions, or occasionally lists a hearing.

When can a consent order be submitted to the court?

A consent order can be submitted once the conditional order of divorce (previously called the decree nisi) has been made. The court cannot approve a financial order before that stage, although you can negotiate and agree terms at any time after separating.

Timing matters. We generally advise that the consent order is approved before the final order of divorce is applied for. If a spouse dies after the final order but before the financial order is in place, the surviving spouse can lose entitlement to widow's or widower's pension benefits and other rights.

Will the judge always approve our consent order?

Not always. The judge must be satisfied that the agreement is broadly fair in light of the section 25 factors and that both spouses understood what they were agreeing to. A judge can refuse an order, ask for more information or request changes, particularly if the terms seem to leave one person, or the children, without their needs met.

Common reasons for queries or refusals include:

• The D81 does not explain why the division is unequal
• One person appears to be left without adequate housing or income
• The order is badly drafted or contains terms the court cannot make
• Pension information is missing or inconsistent
• One spouse was not legally represented, and the terms look one-sided

Using a solicitor to draft the order and D81 significantly reduces the risk of delay or rejection.

What is a clean break consent order?

A clean break consent order is a consent order that ends all financial ties between spouses, including any right to future maintenance or claims against each other's assets, income, pensions or estates. Once it is made, neither person can make a further financial claim arising from the marriage.

A clean break can be included even where there are few or no assets to divide. This is especially valuable for younger couples, short marriages, or anyone who expects their income or wealth to grow in future.

Can a consent order be changed or set aside?

Capital and property parts of a consent order are generally final and can only be set aside in limited circumstances, such as fraud, material non-disclosure, mistake, or a significant unforeseen event shortly after the order. Spousal maintenance terms can usually be varied if circumstances change, unless the order prevents it.

Examples of grounds for setting aside a consent order include:

• One spouse deliberately hid assets or gave false information
• A fundamental mistake about the value of an asset
• A supervening event, very soon after the order, that undermines its basis

Because the bar is high, it is far better to get the order right the first time, with full disclosure on both sides.

Do we both need separate solicitors for a consent order?

It is not a legal requirement for both spouses to have solicitors, but each person should get independent legal advice before signing. One solicitor cannot act for both spouses because their interests conflict. Independent advice also makes the order more robust if it is challenged later.

If you have agreed terms through mediation, Vanguard Solicitors can review the agreement, advise you on whether it is fair and draft the consent order for submission.

How long does it take to get a consent order approved?

Once the documents are filed, court approval of a consent order commonly takes several weeks, depending on court workloads. The overall timescale, including disclosure, negotiation and drafting, can range from a few weeks to several months.

You can help to avoid delay by:

• Providing complete financial information early
• Obtaining pension valuations promptly, as they can take time
• Responding quickly to any questions raised by the court

Frequently asked questions about consent orders

Speak to our consent order solicitors in London

If you have agreed your divorce finances, or are close to agreement, Vanguard Solicitors can check that the terms are fair, draft a watertight consent order and handle the court process for you.

Need help with a divorce consent order? Call Vanguard Solicitors on 0208 616 5535 to speak to a family law solicitor about your options.