What is a consent order?

What is a consent order?

A consent order is a legally binding document that documents your financial agreement during or after a divorce or dissolution.

There are many legal professionals who can help prepare your consent order. Whilst you don’t need a solicitor to draft or write up your consent order, you do need someone who understands the legal process and has experience in drafting the consent order form. This is where we can help.

A financial consent order details how you're going to sort out your finances post-separation. A consent order will include how you'll separate or allocate any assets, debts, pensions, and income you may have once you're divorced, or your civil partnership has been dissolved.

Consent Orders are legally binding, meaning they will protect you both if anyone tries to change their mind in the future.

Why do I need a consent order?

You don't 'need' a consent order, as this is optional, but it might be worthwhile considering having one if you would like to end all future claims or make your financial arrangements after divorce legally binding.

How much does a consent order cost?

The cost of applying for a consent order in England and Wales is £58. This number will vary depending on jurisdiction. Please note that costs and regulations can change over time and the consent order fee may also change (e.g. before 1st May 2024, the price was £53 to apply for a consent order).

To make sure you have the latest information, visit the government website or speak to a legal professional regarding the fees for a consent order for divorce or dissolution.

What is a clean break in a consent order?

You will find a 'clean break clause' in a financial consent order form, this prevents any future money or assets that you may earn or receive (such as pensions, inheritance, lottery wins or earnings) from being claimed by your ex.

Most people are surprised to learn that a divorce or dissolution doesn't end the financial ties you have with your ex. So, if you don't get a consent order for divorce or dissolution, your ex can still make financial claims against you (and vice versa) in the future, even after many years have passed.

Here’s how consent orders work...

How to apply for a consent order

Step one: What information is needed to complete consent order forms?

There isn’t one singular consent order form, because there are several parts to a consent order application. Here are the key documents you need to send to court with your consent order.

Statement of information for a consent order (Form D81)

First, you will need to complete a Form D81 statement of information – this is a snapshot of your current financial position. You will need to give the court a summary of the value of:

• your assets (e.g. properties, vehicles, business assets and bank accounts)
• your debts (loans, credit cards etc)
• your pensions (even if you have agreed to leave each other’s pensions you will need to provide a CETV – Cash Equivalent Transfer Value for each pension you hold)
• your income from all sources (including any maintenance, benefits, or rental income you receive).

For more information on the CETV and pensions, click here.

If you’re confused about filling out the D81 Form, you can book a free 15-minute consultation below.

Draft consent order

The other document you will need to submit is the consent order. This isn’t normally a document you can prepare yourself. Instead, it should be properly drafted by a legal professional as it will need to include certain legal clauses and there is no template for this. This is where amicable can help.

You and your ex will have to decide how you will split your finances in a fair way. You can decide this between yourselves and reach a kitchen table agreement, or you can seek help from a professional such as amicable or a mediator. Our services can help you come to a fair and amicable arrangement, without breaking the bank.

There are other options to help you reach an agreement, such as using solicitors. However, this can be more expensive and take longer.

You can get advice on your options to help you draft a consent order and complete form D81 by booking a free 15-minute call with one of our Divorce Specialists to talk through your personal situation.

The consent order sets out what you would like to happen to your finances when you divorce. It may include what will happen to property, assets, debts, and pensions. Child and spousal maintenance - along with lump sums that’ll be transferred between you - will also need to be recorded. Consent orders also set out a timetable for when payments will be made, or when assets will be transferred.

It’s always a good idea to include the rationale for how you’ve decided to split things so that the judge understands what you are seeking to achieve and can check that is fair and achievable from what is set out in the consent order. This can be added to a Form D81.

You will also need to fill out Form A (an administrative document that allows you to apply for consent order approval) and if you are sharing a pension, then you will also need to complete a pension sharing annex or P1 form.

Step Two: Who decides whether our consent order is fair?

A family judge will review your documents and decide if the agreement is fair.

The law does not currently have an absolute standard for dividing assets, nor for what is considered fair in the division of financial assets. However, the starting point when dividing assets is a 50/50 split. But if one of you has a greater need, for example, you are housing the children or earning a lot less, then the split may differ.

You can use our free agreement checker to understand whether your agreement is fair.

These are the sorts of things that the courts consider when deciding: 

Children

The court’s primary concern is the welfare of your children. The court will want to ensure that your children have a stable roof over their heads as a priority. Some examples of what a judge takes into consideration when deciding whether your consent order is fair are: Where your children will live/who your children will live with, their age, mental and physical health, and their educational costs. 

Need

A judge may consider whether one of you has a greater need than the other and therefore should get more than half the assets. This could include whether one of you needs ongoing support, or “spousal maintenance”. This can mean a departure from an even 50/50 split.

Income and earning capacity

If one of you has stayed at home to raise the children, your earning capacity may be reduced, and you may need a greater share of the assets. Especially if you cannot raise a mortgage or pay rent. As another example, one of you may have lost your job. In this case, the court may consider how likely it is that you will find another job at a similar level of salary.

Current or potential assets

The judge will consider whether you have split your property and assets in a fair way. This includes assets that are held in sole names and/or were purchased prior to the marriage. If needs dictate, they should be in the mix as well as those held jointly.

Age and health

Pensions become more important the nearer to the retirement age you are. Age, as well as any long-term health issues, may affect your earning capacity and housing needs. A judge will consider whether you have come to a fair arrangement for both of you in retirement and whether splitting pensions equally is fair if you are of different ages.

Length of marriage

In shorter marriages, ‘fair’ is more likely to mean taking out what you put in… i.e., what you brought to the marriage or civil partnership. Most people agree a marriage of less than two years is likely to lead to this kind of settlement. However, if you have children, the needs of the children will always be prioritised over the length of the marriage.

Contributions made

The law considers financial contributions as equal to those of homemaking (time spent looking after the family). Marriage is a partnership of equals, and the law seeks to distribute assets in a way that recognizes this. So, a smaller financial contribution doesn’t necessarily mean less of the assets. 

Step Three: How long does a consent order take?

The timescale for a consent order depends on how organised both of you are in gathering your financial information e.g. your pension CETV (which can take up to 12 weeks) and negotiating a settlement. You should allow at least six months for the consent order to be sealed by a judge, regardless of whether you completely agree with how you want to split things and whether you have all the right information.

Step Four: How long is a consent order valid for?

Once a consent order has been signed off and sealed by a judge, it is valid indefinitely. This means because it is legally binding it shouldn't be broken and can't be changed unless you apply to the court for an amendment. If you have a spousal maintenance order, this can be varied with a change of circumstance.

What is financial disclosure and why is it necessary?

Financial disclosure is the term used for providing the court with a snapshot of your current financial position. The court needs to know all your individual and collective assets, debts, pensions and incomes in order to judge whether the agreement you have reached is fair. It also helps to show the court that when you reach an agreement for your financial separation, you have done so with a full set of information. It is not possible to get a consent order without financial disclosure. We have a guide on financial disclosure if would like to learn more about this.

There are various forms for disclosing your finances and they usually differ based on which route you have chosen to go down:

Form E is the document traditionally used by solicitors and mediators. Most solicitors will have an electronic version of this form. If you are using the court route, this is the form you will need to complete and exchange with your ex before you have a hearing to discuss your financial settlement.

Mediators use a special form for this which is accepted by the court.

If you are using the amicable service, you can collect all your financial disclosure information in our easy-to-use divorce portal. You can agree with your ex on what evidence you want to include and any information you choose to provide in our dashboard. It's very easy and only the relevant questions are presented, so no wading through endless forms.

All applications to the court must have a Form D81. When you sign a D81 court form, you are signing to say you have disclosed your assets fully to your partner and vice versa. You do not need to attach any evidence of your financial information to this form.

Can you get a consent order without a divorce or dissolution?

The short answer is no. You will have to apply for and receive your conditional order (formerly known as the decree nisi) certificate. It usually takes around 30 weeks to get to the conditional order stage of the process (or around 12 for decree nisi if you are using the previous system).

We recommend using the time it takes for the court to process your divorce application (formerly known as the divorce petition) to collect your financial information and begin to negotiate a settlement. That way, when your conditional order has been processed, you’re ready to go with submitting your consent order form. You can find more information about the divorce or dissolution process here.

FAQs

Can a judge change a consent order if they disagree with it?

A judge can respond with their queries which you may need to address for the consent order to be granted.

Do both parties need a solicitor for a consent order?

You don't need a solicitor to write up your consent order, but you do need someone who understands the legal process and has experience in drafting consent orders. This is where amicable can help.

Can I draft my own consent order?

Yes, you can draft your own consent order. However, it's important to understand that legal documents can be complex. It's advisable that you discuss your consent order with a solicitor or even ask your solicitor to draft the consent order for you to ensure that your consent order accurately reflects your intentions and protects your rights and interests.

How long does a consent order take to be approved?

The time it takes for a consent order to be approved can range from a few days to several weeks or even months, depending on the court's workload, the complexity of the case, and any potential revisions or clarifications required.