A consent order reflects the terms of a financial agreement which has been reached between parties during a divorce. Once it has been approved by a judge it becomes legally binding. It could be an agreement parties have reached between themselves, or in mediation, or through solicitor negotiations.
Why is a consent order needed?
The main reason for obtaining a consent order is to provide certainty to both parties as to how the matrimonial assets are divided. Once approved by a judge a consent order cannot be reneged upon.
What does a consent order cover?
A consent order incorporates the financial aspects of the agreement the parties have reached together. For example, what happens to your former marital home, your pension arrangements, and the division of any other matrimonial assets. A consent order doesn’t usually include arrangements for the children or child maintenance. Agreements regarding child arrangements can be detailed in a Parenting Plan which will set out practical decisions regarding the children’s care in respect of living and contact arrangements, child maintenance, education, healthcare, and the children’s emotional wellbeing.
The process of a consent order
Once your conditional order in divorce proceedings has been granted, the consent order can be provided to the court along with the parties’ statement of information (Form D81). This form provides the judge with a brief overview of the parties’ financial situations and is important to ascertain whether the consent order is fair in all the circumstances.
In many cases a consent order will be approved by the judge as the court recognises that parties are free to make their own decisions regarding their assets. The statement of information assists the judge when considering if the agreement is fair. However, should the judge have any specific queries, an explanation to the court will need to be provided.
Contact us today.
It is advisable to obtain independent legal advice in relation to a divorce and the matrimonial finances. BH&O Family Solicitors and Mediators can provide a fixed fee package of £1,500.00 plus VAT which includes:
- considering papers
- drafting a consent order
- checking and finalising a D81
- arranging for parties’ signature
- submitting the consent order to the court; and
- court fee of £58.00
Please note that additional fees at hourly rates may apply for advice in respect of complex financial matters or when matters become protracted or when paper become voluminous, and when further advice and negotiations are required. We will keep you updated at every stage if any additional costs apply to you.
If you would like advice about your own situation, please call us on 01235 425500 or get in touch online. Our specialist family law team will be happy to help.
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