What Does a Consent Order Look Like?
April 2025
When couples reach a financial agreement after divorce or legal separation, a consent order can be used to make that agreement legally binding. If approved by the court, the consent order dictates how the parties’ finances, such as property, savings, pensions, and any liabilities, will be divided in a legally enforceable way. Although many couples agree things amicably, a consent order ensures clarity and finality, giving both parties certainty for the future.
This summary provides general information and does not constitute legal advice on any individual circumstances.
A consent order will typically contain a clear summary of each party’s financial circumstances, followed by a detailed breakdown of what has been agreed. This may include the sale or transfer of a home, division of pensions, how savings and investments will be shared, and whether one party will pay the other maintenance. Where children are involved, the order may also clarify how financial support will be provided for them, though this is usually dealt with separately via the Child Maintenance Service (CMS).
The document itself is structured and formal in layout. It will set out factual details such as the parties’ names, dates of birth, and details of the marriage or civil partnership. It will then set out the schedule of agreed payments or asset transfers. Finally, it will often conclude by stating that the parties intend the agreement to be a full and final settlement of all their financial claims against one another, including their future claims on property, pensions, and inheritance. This means that, after the order has been made and complied with, there is a financial clean break between the parties, bringing an end to their financial claims against each other.
There will also be a ‘Statement of Information’ (in Form D81) submitted alongside the consent order, which gives the court a summary of each person’s income, capital, housing arrangements, and any children from the relationship. This allows the judge to assess whether the agreement appears to be fair and reasonable in those parties’ circumstances before they approve it.
Legal Rights
A consent order provides legal protection. Without one, any informal agreement you reach may not be enforceable by law. This means that either party could, in the future, bring a financial claim against the other, even years after the divorce has been finalised, and the parties have otherwise moved on with their lives.
By submitting a consent order to the court and having it sealed by a judge, the parties effectively bring an end to their financial matters there and then. However, it’s important to remember that the court must be satisfied the agreement is fair before it approves the order. If it isn’t, the judge may ask for clarification or amendments before approval is granted.
Given the finality of the consent order, this system helps to protect both parties, and ensures that vulnerable individuals are not taken advantage of.
How Are Assets Divided?
While each case is different, the starting point for dividing assets is generally equality, particularly in longer marriages. However, other factors, including the needs of any children, the length of the relationship, the financial needs and responsibilities of each party, and their respective contributions to the marriage, may justify a departure from equality.
When considering how to divide your assets, its crucial to review the position at present, how that position was arrived at, and how it may change in the future. A financial division does not have to be equal to be fair in the circumstances, but it should allow both parties to end their financial ties to each other, and move forward with their lives.
Whatever the settlement each couple arrive at, it will be binding once formalised into a consent order, and so it should be concluded only after exchanging full financial disclosure, and with the benefit of legal advice.
How Can Fullers Help?
At Fullers Family Law, we understand that finding a solicitor that you feel understands your own specific situation can be a daunting task. So, you can book a free call back with us here.
We have also created a series of fixed-price consultation meetings with a full ‘no questions asked’ money-back guarantee’ promise.
For an initial discussion and a no-obligation quote, get in touch with us today by simply calling us on 01234 343134, filling in the contact form below, or emailing us at enquiries@fullersfamilylaw.com and a member of our team will get back to you.
