Consent Orders

Many separating couples may have come across the term “Consent Order” at some point and may wonder what that means.  The term “Consent Order” refers to any type of Court Order agreed between parties.  More often than not it relates to setting out an agreed financial settlement following divorce.  What many do not realise is that just because you have divorced your spouse does not prevent your former spouse from making a financial claim against you.  The only way to prevent that from occurring is to have a Financial Order closing the door on your former spouse’s claims for financial relief.  This is even if the divorce took place several years earlier.

A Consent Order is legally binding and it sets out the financial arrangements you and your partner agree on.  It can set out how you may wish to split assets, pensions, income and debts on divorce.  It can also be enforced by either party later on if one of the parties reneges on the agreement.  A Consent Order will usually include a clean break clause which protects any money or assets that you may earn or receive in the future from being claimed from your ex-spouse.

A Consent Order is usually prepared by a Solicitor as it is a legal document.  Once the Order has been drafted and the parties have signed up to it, it is sent to the Court for approval.  The Court will want to ensure that each party has had the opportunity to obtain independent legal advice or at least aware of their right to do so.  One should note that the Court will not simply rubber stamp an Order.  The Court will want to ensure that the terms of the Order are reasonable and fair to the parties in the circumstances.  In order to determine this, the Court require a completed Statement of Information for a Consent Order.  This provides the Court with a snapshot of the parties’ means and circumstances. 

If a Judge has further questions about the agreement reached, the Judge may require the parties to attend Court to explain why they have reached the agreement that they have or provide further information by correspondence.  If the Court approves the Order it is sealed and each party receives a copy for future reference. 

It is important to note that a Consent Order cannot be approved by the Court until the parties have reached what is called the Decree Nisi in the divorce.  It becomes enforceable once Decree Absolute has been granted.

At Franklins, our experienced solicitors will be able to provide you with expert advice and assistance. Contact Kelly and our Family Team on 01604 828282 / 01908 660966 or email Family@franklins-sols.co.uk.