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Consent Orders

A legal jargon-free guide for couples in England and Wales

A consent order (sometimes referred to as a financial order) is the legal document that confirms the financial agreements you have made. It includes details on how you are going to divide up your assets such as money, property, savings, and investments.

It can also include arrangements for maintenance payments, including child maintenance. Both you and your ex-partner have to agree with the order by signing the consent order.

If you do not have a consent order you risk leaving yourself open to claims against you by your ex in the future.

You don't have to get a consent order. It is, however, the only document that will make your financial split legally binding and end any potential future claims between you and your ex.

Doesn't getting divorced end your financial relationship?

No, a consent order is the only document that will end the financial relationship with your ex.

The documents that make up a consent order are:

  • Statement of information (D81) This is the current snapshot of your financial position and includes assets, debts and income for you, your ex and your child/ren if they're under 18.
  • Notice of [intention to proceed with] an application for a financial order (Form A) The form you'll need to fill in that tells the court you'd like to proceed with the consent order.
  • Financial Remedy Order The document that outlines your financial agreement.
  • Pension Sharing Annex (P1) If you're going to share any pensions, you'll need this. The purpose of this document is to inform your pension company / companies of any percentage shares. If you're leaving your pensions as they are, you won't need this document.
  • Statement of information It's helpful to give the judge context on your agreement, i.e. how and why you have come to that agreement.

A judge will review the submitted consent order documents. The law does not have a defined formula for dividing assets. To make fair agreements between you, you must think about what the courts in England & Wales take into consideration: income, earning capacity and property as well as financial needs, obligations and responsibilities. The starting pointing is a 50/50 split. But if one of you has a greater need, for example because you are housing the children or earn a lot less, then the split may differ.

If the judge thinks the financial split is unfair, they may reject consent orders or ask for more information on your proposed financial split.

How long does it take?

It depends on how organised you both are in gathering your financial information and negotiating a settlement. If you’re completely agreed upon how you want to split things and have all the right information, you should allow six months at minimum for the consent order and divorce to be sealed by a judge.

No, you must be past your Decree Nisi date (which is about halfway through the divorce process).

If you are amicable and there are no danger sides like hiding assets etc then we offer the below services:

Divorce and consent order service
Consent order write up service
Consent order and negotiation service
Premium negotiation and consent order service

If there are danger signs and you need the protection of your own divorce lawyer/solicitor then please visit Resolution's website to find representation.