Financial Consent Orders: A Solicitor’s Guide on How to Get One
August 7th 2023
In this solicitors guide, you’ll gain a comprehensive understanding of financial consent orders in divorce. We discuss what they are, why they are essential, and how to get one.
You’ll learn about the division of property, savings, and pensions, the costs involved, and the difference between clean break orders and consent orders.
This guide aims to provide clarity and confidence as you navigate your divorce proceedings.
This guide is structured in a conversational format to simulate a typical client meeting.
As a family law solicitor, I assist clients daily, helping them understand complex legal procedures and terms, such as consent orders.
This conversation is designed to provide you with a comprehensive overview of what a financial consent order is, why it’s crucial, and how it works.
Client: I’ve heard about financial consent orders in divorce cases. Can you explain what they are?
Lawyer: A financial consent order is a document that legally binds the financial arrangements you’ve agreed upon with your spouse.
It’s approved by the court and covers all financial matters like property, savings, pensions, and so forth. Essentially, it ensures your financial settlement is enforceable by law.
If you’re going through a divorce, you need a consent order to start the legal process of concluding your financial arrangements on divorce.
Getting a consent order is essential to ensure both parties receive a fair split of matrimonial assets.
Client: Do I really need one if my spouse and I have already agreed on how to split everything?
Lawyer: It’s highly advisable. Even if you’ve reached an amicable agreement, without a financial consent order, your agreement isn’t legally binding.
This means either of you could potentially make financial claims against the other in the future.
A consent order provides legal closure, preventing any future claims and giving you peace of mind.
Client: How do property, savings, and pensions typically get split in a divorce?
Lawyer: The division of assets like property, savings, and pensions depends on various factors, including the length of the marriage, the financial needs of each party, contributions to the marriage, and future earning capacity.
Property can be sold and the proceeds split, one party might buy out the other’s share, or one spouse may retain the home with other assets compensating the other spouse.
Savings are typically added up and divided, while pensions might be split directly through a pension sharing order or offset against other assets
Client: What’s the difference between a clean break order and a consent order?
Lawyer: A clean break order is a type of financial consent order that ensures no ongoing financial ties between the parties once the divorce is finalised.
It means that neither party can make any further financial claims against the other in the future.
For example, if Alex and Sam agree that Sam keeps the family home and Alex retains a larger portion of the pension, they might choose a clean break order to ensure there are no ongoing financial obligations like spousal maintenance.
This provides both parties with a clear financial separation.
Client: How long does it take to get a consent order approved?
Lawyer: Once you’ve reached an agreement and the consent order is drafted, the time frame can vary.
Typically, after submission, it takes about four to six weeks for the court to review and approve the order.
However, this can be longer if there are complexities or if the court has a backlog of cases. It’s important to ensure all documents are correctly completed to avoid delays
Client: How much does a consent order typically cost?
Lawyer: The cost of a consent order includes your solicitor’s fees and a court fee, which is currently £58.
Solicitors’ fees can vary depending on the complexity of your case, but on average, you might expect to pay between £500 to £1,500 plus VAT.
Discussing fees upfront with your solicitor is a good idea to get a clear understanding.
How Does a Financial Consent Order Work?
- Agreement: First, both parties need to reach an agreement on how to divide their assets. This can be done through direct negotiation, mediation, or with the help of solicitors.
- Drafting the Order: Once an agreement is reached, your solicitor will draft the financial consent order. This document will detail how assets are to be divided, including property, savings, pensions, and any ongoing financial support.
- Statement of Information: Alongside the consent order, a Statement of Information for a Consent Order (Form D81) needs to be completed. This form provides the court with an overview of both parties’ financial situations, ensuring the agreement is fair and reasonable.
- Court Approval: The drafted consent order and the Statement of Information are then submitted to the court. It’s at this point you pay the £58 court fee. A judge will review the documents to ensure the agreement is fair and equitable. If the judge is satisfied, they will approve the order, making it legally binding.
- Implementation: Once the court approves the consent order, it becomes enforceable. This means both parties are legally obligated to adhere to the terms set out in the order. Failure to comply with the order can result in legal consequences.
Frequently asked questions…
What happens if my ex is refusing to sign?
Should your former spouse resist signing any financial settlement, the option of seeking court intervention may arise.
However, it’s crucial to view this as a last resort due to the additional expenses and the typically more time-consuming nature compared to alternative approaches.
If your spouse remains steadfast in refusing to sign the consent order or an agreement on the financial settlement terms proves elusive, you can petition the court for approval of your clean break consent order. This route is known as an ancillary relief order.
It is generally advisable to explore all available options, such as mediation, before resorting to court involvement.
What happens if my spouse breaches the order?
You should always try to resolve the issue with your ex-partner directly through communication.
If your ex-spouse continues to refuse to comply with the consent order, you may need to take legal action. This can involve going back to court and asking the judge to enforce the order.
This can be a lengthy and expensive process, so it’s important to consider all your options before taking this step.
If your ex-spouse still doesn’t comply with the consent order even after legal action has been taken, they may face consequences such as fines or even imprisonment.
Overall, it’s important to remember that a consent order is a legally binding agreement and both parties are required to comply with it.
If your ex-spouse doesn’t comply, there are steps you can take to resolve the issue, but it’s important to seek legal advice and consider all your options before taking action.
What if our circumstances change after the consent order is in place?
Once a consent order is approved, it’s generally final and binding. However, in certain circumstances, it is possible to apply to the court to vary or set aside the order.
This can happen if there has been a significant change in circumstances, such as a serious illness, a substantial change in income, or other unforeseen events.
It’s worth noting that such applications are not granted lightly, as the court prefers to uphold the finality of consent orders.
How do children factor into the financial settlement?
When children are involved, their welfare is the court’s primary concern. Financial settlements will consider the need to provide a stable home and adequate support for the children.
This might mean ensuring one parent can stay in the family home or arranging for child maintenance payments.
The court wants to ensure that the children’s needs are met both now and in the future.
Are there any specific mistakes people should avoid when dealing with consent orders?
One common mistake is not fully disclosing all assets and liabilities. Full financial disclosure is crucial for the court to approve the order. Any undisclosed assets can lead to the order being challenged later.
Another pitfall is rushing the agreement without fully considering the long-term implications, especially with pensions and ongoing support.
It’s also vital to get professional advice to ensure the agreement is fair and to understand the legal terminology used in the order.
Solicitor-Drafted Financial Consent Order For £449
If you have a formal agreement with your ex-partner and wish to formalise it into a legally binding court order without spending thousands, our online consent order service is ideal for you.
Author: Lara Jayne Davies
This post was written by Lara Jayne Davies. Lara is a family law solicitor specialising in Matrimonial and Private Children matters. She thinks creatively and cost-effectively to assist clients in achieving the best possible outcome whilst always providing the highest levels of client care.