You are here: Home » Divorce » What is a consent order (divorce)? Our people About us Careers Blog Call local rate 0330 404 8393 Mon - Fri 8:30am - 7pm | Sat - Sun 9am - 5pm Contact us Home Divorce Financial Matters Child Law Unmarried Couples Domestic Abuse Offices What is a consent order (divorce)? Request Free Callback Submit your details, and we’ll arrange a free, no-obligation callback at a time to suit you. Please note that we cannot offer Legal aid. Name* Surname* Tel* Email* Select location... Closest Office* Enquiry Details* Callback time options Consent orders are legally binding documents that formalise the specifics of the financial obligations agreed between a divorcing couple. Consent orders play a large role in the divorce process, so ensuring you fully understand what a consent order is and what they mean is a crucial part of getting a divorce. Call our expert team today 0330 056 3171 or request a call back Consent order definition Marriage opens financial obligations towards your spouse, which are not automatically brought to an end through divorce proceedings. The decree absolute of divorce only ends the contract of marriage and divorce opens up the possibility of making financial claims against your spouse, to enable capital, income and pensions to be distributed following the breakdown of the marriage. Unless there is a separate order that also dismisses or otherwise deals with the financial claims that are available upon divorce, those claims remain open indefinitely. This is the case even if you and your spouse reach an agreement directly and divide your assets between you. A consent order can include: Financial claims such as capital income and pensions to be distributed End date for claims, to stop them continuing indefinitely Enforcement for delayed or withheld maintenance payments from an ex-spouse Obligations for certain assets such as pensions to be paid The consent order is the only means by which you can be certain that any agreement will be upheld by both spouses. Do you need a consent order? How do I apply for a consent order (FAQs)? Applying for a consent order - need to know When to apply for a consent order How long does it take to get a consent order? How long is a consent order valid? Can anyone get a consent order? How the court checks whether the order is reasonable, and fair is to require each party to file a ‘Statement of information for a consent order in relation to a financial remedy’ form, setting out brief details of their means and circumstances. The statement includes such information as the ages of the parties, details of any dependent children, the capital and income of the parties and whether they are in a new relationship. With this information, the court should usually be able to determine whether the terms of the consent order are reasonable. However, there will be instances where the judge is not satisfied, and they may require the parties to attend court to explain why the order should be made. If the judge is still not satisfied that the order is reasonable, then they may simply refuse to make the order. This will mean that the financial/property settlement is not final so that either party could still claim against each other. If the court approves the order, it will seal it and send copies to both parties, or their divorce solicitors. If the contents of your consent order are very straightforward, the court usually takes 6-10 weeks to process the application. However, this is dependent on which court you use to file the order with and any backlog. Do you need a divorce lawyer for a consent order (family law) Composing any kind of legal document is a skilled job, requiring precision and an appreciation of important legal principles. It’s for that reason that the court will probably want to ensure that both parties have taken legal advice before the order is made. A family lawyer will be able to help and advise you to ensure the best outcome for your future. Contact Stowe Family Law today to talk to one of our expert family law solicitors. You can reach us at 0330 056 3171, or request a free call back on a date and at a time of your choice. Trustpilot Contact us We remain open for business during the COVID-19 outbreak. Submit your details below, and we’ll arrange a free, no-obligation call back at a time to suit you. 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