Can I draft my own consent order?

A consent order is a legally binding document that outlines the financial and property arrangements you and your ex-partner have agreed on as part of your divorce.

These arrangements usually start at the kitchen table, where you and your ex-partner organise how you plan to divide any money, property and other assets, such as pensions, and ensure that you will both have the income necessary to meet your needs.

If you’re dissolving your civil partnership, it’s the same process.

How do I get a consent order?

Financial orders, including consent orders, can be drafted by solicitors or other legal professionals such as amicable.

The benefits of having your agreement drafted by a neutral drafting service, such as amicable, is that it’s more cost-effective than using separate solicitors, and we won’t pick apart your agreement or create unnecessary conflict.

You can read about the differences between using solicitors and amicable in our blog here.

As well as drafting your consent order, we can help you come to a fair agreement that ensures both of your needs are met. We offer negotiation services where a Divorce Specialist will guide you through the process and help you create an agreement that can be approved by the courts.

Is it possible to draft a DIY consent order?

As a financial consent order usually results in a 'clean break', the court requires a large amount of information and detail to ensure it meets all required criteria. Without specific family law training, it can be difficult to ensure that you have provided the court with all of the required information necessary for them to approve your agreement.

To get your agreement drafted into a consent order, you can use:

• amicable ££ (a neutral drafting service)
• Solicitors £££-££££
• Other legal professionals ££-££££

Using a drafting service to prepare your consent order can save time and make the process go more smoothly.

How to draft a consent order?

• Step 1: Complete a full and frank financial disclosure

You and your ex-partner must provide complete and truthful information about your financial circumstances.

This is done through sending a D81 Form, or statement of information, to the courts which outlines your financial details including your assets, finances and any property you or your ex may have. If you’re using a drafting service, this will be completed for you.

You can read more about this step here.

• Step two: Prepare the consent order documents

There are several documents which need to be submitted to court with your consent order. Drafting the consent order is technical and there is a large amount of specialised knowledge which goes into the drafting of the document itself. Due to its technical nature, a legal professional will normally need to do this for you.

• Step three: Submit your consent order to the court

A judge will need to review your draft consent order to ensure it’s fair. Once they have stamped it, also known as ‘sealed’ it, it becomes legally binding. If you’re using amicable to draft your consent order, we manage the court process on your behalf.

How amicable can help

Using a drafting service like amicable helps ensure that the draft consent order meets the court's requirements and is an affordable way to have your financial arrangements made legally binding, without unnecessary conflict and stress.

FAQs

Do I need to include our childcare arrangements in the DIY consent order?

Whilst it’s possible to have a consent order outlining your childcare arrangements, there is a ‘no-order principle’ in England and Wales, which means If you have children, the courts are unlikely to make an order, unless in extreme circumstances. Most parents are encouraged to reach an agreement themselves and document this in a parenting plan.

Is it possible to get a DIY consent order in the UK?

While it is possible to draft a DIY consent order, it’s unlikely to meet the court's requirements. Using a drafting service, such as amicable, will ensure your consent order is in the correct format to be made legally binding by a judge.

How do I submit a DIY consent order to the Courts?

The courts are unlikely to accept or approve a DIY consent order, as it’s likely to lack the specific legal requirements and terminology necessary for a judge to approve the order making it legally binding. You can find out more about submitting your own consent order here.