Posted 29 Nov, 2024

Reaching a financial agreement during divorce is a significant step, but without a legally binding consent order, your financial settlement isn’t secure. Even if you and your ex-spouse agree on how to divide assets, without court approval, either party could make further financial claims in the future. So, how do you turn your financial agreement into a legally binding consent order?

What is a Consent Order?

A Consent Order is a legal document that formalises the financial agreement between divorcing parties. It ensures that the division of assets, maintenance payments, pensions, and other financial matters are legally binding. Once approved by the court, a Consent Order prevents future financial claims, providing certainty and security for both parties.

Steps to Obtain a Consent Order

Step 1: Reaching a Mutual Agreement

Before applying for a Consent Order, both parties must agree on how to divide their assets. This can include property, savings, pensions, and any ongoing financial commitments, such as spousal or child maintenance. If discussions break down, mediation or solicitor negotiations may help resolve disputes before moving forward.

✔ Pros: Avoids court disputes and keeps costs lower.
✖ Cons: Both parties must be willing to negotiate.

Step 2: Drafting the Consent Order

Once an agreement is reached, a solicitor must draft the Consent Order. This document outlines how assets will be divided and any financial commitments moving forward. The order should be clear, fair, and in line with legal requirements to ensure court approval.

✔ Pros: Provides clarity and legal protection.
✖ Cons: Solicitor fees apply, but are necessary for accuracy.

Step 3: Completing a Statement of Information (Form D81)

Both parties must complete Form D81, which provides the court with full financial disclosure. This allows the judge to assess whether the agreement is fair and reasonable for both individuals. Transparency is key—hiding assets or failing to disclose financial details can result in the rejection of the Consent Order.

✔ Pros: Ensures fairness and transparency.
✖ Cons: Requires full disclosure from both parties.

Step 4: Submitting the Documents to Court

The Consent Order and Form D81, along with the court fee (currently £53), must be submitted to the court for approval. A judge will review the documents without requiring you to attend a hearing, provided the agreement is deemed fair.

✔ Pros: No need to attend court in most cases.
✖ Cons: Can take several weeks for approval.

Step 5: Court Approval and Finalisation

If the judge is satisfied that the agreement is fair and reasonable, they will approve the Consent Order, making it legally binding. If there are concerns, the court may request amendments or clarification before approval is granted.

✔ Pros: Provides legal certainty and protection.
✖ Cons: Court may reject unfair agreements.

Why is a Consent Order Important?

Without a Consent Order, informal agreements are not legally enforceable. This means that years down the line, your ex-spouse could make further financial claims against you—even after the divorce has been finalised. A Consent Order ensures:

  • Finality – Prevents future financial claims.
  • Clarity – Clearly defines financial responsibilities.
  • Legal Protection – Ensures that both parties are bound by the agreement.

Why You Should Seek Legal Advice

Turning a financial agreement into a Consent Order can be complex, and mistakes may result in rejection by the court. A solicitor can ensure that:

✔ The agreement is fair and legally sound.
✔ The Consent Order is correctly drafted and submitted.
✔ You understand your rights and obligations under the agreement.

At Endeavour Law, we specialise in helping clients secure legally binding financial settlements, ensuring peace of mind for the future. If you need expert guidance on obtaining a Consent Order, our team is here to support you.

Finalising your financial settlement with a Consent Order is a vital step in securing your future. By following the correct process and seeking legal advice, you can ensure that your financial agreement is legally binding and fully enforceable.