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What are consent orders?
A consent order, also known as a financial order, is a document that confirms your financial agreements. Your consent order includes details about how you’ll divide up your finances, such as your money, property, savings and investments. They can also include arrangements for maintenance payments, such as child maintenance. Consent orders are always agreed between both partners, and must be signed by both.
How do I get a consent order?
amicable can prepare your consent order for a fixed and transparent fee. We also manage the court process. Unlike solicitors, we work with you and your ex-partner together, to reduce conflict, tension and cost.If you need help reaching an agreement, we have Negotion Services.
Get a consent orderAre consent orders always necessary?
You don’t technically need a consent order to get divorced, but they are essential if you want to protect your future finances.
Getting divorced will not stop you and your ex-partner from making future financial claims against each other unless you get a consent order as well. Without this, your ex-partner could still make a claim years down the line on your future property, savings, pensions, inherited money - even a lottery win.
If you would like to learn more about financial consent orders, we‘ve written a helpful guide.
What to consider when making your financial agreements
What you’re entitled to when you divorce depends on your personal situation. The law doesn’t have a defined formula for dividing your money and property. The usual starting point is a 50/50 split, but there are various reasons why you may move away from this.
Your agreement will need to be approved by the court, before it’s legally binding. To make a fair agreement, your consent order should take the following into account:
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Children’s welfare
The law always seeks to ensure that a home can be provided for any children, and child maintenance payments are in place.
Earning ability & finances
Both partners need to have enough money to live on. The law will consider your individual earning capacities. If one partner has stayed at home to raise children, their earning capacity may be reduced.
Property
The law requires both partners to have a suitable place to live. This can lead to an uneven split of assets.
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Contributions made
The law considers financial contributions made and time spent looking after the family, then adjusts settlements to make things fair. Less financial contribution doesn’t always mean less of the asset.
Marriage length
The shorter the marriage, the less likely you are to share money and property equally. This is especially true of things you had before you married. But note that the welfare of any children still always takes priority.
Age & health
Age and long-term illness may affect your earning capacity and housing needs. The law requires that both partners have enough money to live comfortably during retirement – pensions become more important the nearer you are to the retirement age.
Consent order FAQs
Do I need a consent order?
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-partner.
Can consent orders be overturned?
If the judge thinks your financial agreement is unfair, they may reject your consent order or ask for more information.
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-partner.
How long do consent orders take to process?
Consent orders usually take around one to three months to process.
What is included in a consent order?
The documents that make up a consent order are:
- Statement of information (D81) - this document includes all details of your personal and joint finances. It lists all the income, assets and, debts for you, your ex-partner and your child/ren if they're under 18.
- Notice of [intention to proceed with] an application for a financial order (Form A) - this form tells the court you'd like to proceed with the consent order.
- Financial remedy order - this document outlines your financial agreement.
- Pension sharing annex (P1) - this document informs your pension company/companies of any percentage shares. If you're not sharing your pensions, you won't need this document.
- Statement of information - this document explains to the judge how and why you came to your agreement. This is a particularly helpful context if you’ve moved away from a 50/50 split.
How long do consent orders take?
This depends on how quickly you and your ex-partner can gather your financial information and negotiate your settlement. If you completely agree on how you want to split your money and property and have all the right information, allow at least six months for your consent order to be drafted and your divorce to be sealed by a judge.
Who decides if the consent order is fair?
A judge will review your submitted consent order documents. The law doesn’t have a defined formula for dividing assets but the usual starting point is a 50/50 split. Consider your: If one of you has a greater need, for example, because you are housing the children or earning a lot less, then the split may be different.
- Income, earnings and any debts – will you both have enough money to live on?
- Property – will you, your ex-partner and any children have somewhere suitable to live?
- Retirement – will you both have enough money to live comfortably during retirement?
If one of you has a greater need, for example, because you are housing the children or earning a lot less, then the split may be different.
Can I get a consent order without being divorced?
You can only submit a consent order to court after you’ve received your conditional order certificate. If you’re living together but unmarried, you’ll need a separation agreement instead of a consent order.
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