A Consent Order is a legally binding document, approved by a court, that records the financial agreement reached between divorcing parties. It is one of the most important documents in the divorce process, and one of the most frequently overlooked by couples who think they have agreed everything between themselves.
Why do you need one?
Without a Consent Order, either party can make a financial claim against the other at any point in the future, even years or decades later. This is known as a "clean break" not being achieved. Many people are shocked to discover that reaching an informal agreement, or simply not having contact with their ex for years, does not protect them from future claims.
What does a Consent Order contain?
- Property arrangements, who gets the house, or how the sale proceeds are split
- Pension sharing or attachment orders
- Maintenance payments, spousal or child maintenance
- Division of savings and assets
- A clean break clause, confirming neither party can make further financial claims
How is a Consent Order approved?
A draft Consent Order is submitted to the court along with a short financial summary (Form D81). A judge reviews it to check it is fair and reasonable, this process usually takes several weeks and does not require a court hearing.