Consent orders
A consent order is a legally binding document that reflects an agreement reached between couples undergoing divorce proceedings.
Consent orders detail the agreed allocation of any assets, property, income and pensions, in addition to any applicable maintenance payments, legally severing any finanical ties between divorcing couples.
The order will also include a section that prohibits either party from making a financial claim against the other in the future.
It is a document sealed by the court that will make an agreement legally binding and therefore enforceable in a family court.
A consent order protects both parties against potential claims against the other’s finances (including inheritances) in the future.
Who is a consent order suitable for?
A consent order is suitable for couples who have started their own divorce proceedings and have reached an agreement in principle but would like a legally binding agreement in place to protect both parties.
Even though you may have reached an amicable agreement in how your financial assets will be divided, it is vital that this is confirmed in a consent order to prevent any party issuing a claim in the years after divorce.
What are the benefits of getting a consent order?
Reaching an amicable agreement is always the preferable outcome in any divorce, but it is important to know that any agreement made today, will not protect you now or in the future if it is not approved by a judge.
A consent order provides important benefits for both parties:
It prevents future claims – Once a consent order is approved by a judge, you are protected against any claims. This enables you to move on and start your new life free from the worry of future claims and their financial implications.
It ensures compliance – An agreement will not provide you with protection should your ex-spouse decide to no longer comply. A consent order gives the court the power to enforce an agreement that has been breached.
Do we need a consent order or clean break?
The prospect of a completely ‘clean break’ from a spouse certainly has its merits. But this isn’t always possible, particularly in the case of a divorce that involves financial ties, children or property assets.
And this is why we strongly recommend getting a consent order to create the clean financial break you desire.
This will make the division of assets fair and protect both parties against future claims.
How to apply for a consent order
To apply for a consent order, there must be existing divorce proceedings for which the court has given a case number.
For divorces issued prior to April 2022, a consent order can be granted after the decree nisi has been pronounced.
If a divorce is issued after April 2022, a consent order can be granted if the conditional order stage has been reached, which can be applied for 20 weeks after the initial proceedings.
Find out how our online consent order service works.
How long does it take?
Consent orders can be applied for at any time during a divorce case.
While the exact timeframe of obtaining a consent order can depend on the caseload and efficiency of the court system, on average it takes between 2 to 4 weeks for a consent order to be approved.
The digitisation of the court process and the efficiency of our online service has helped streamline the consent order process.
How much does a consent order cost?
Many of our clients have started their own divorce proceedings and now want a legally binding agreement.
Others have already instructed a lawyer but have been put off by the costs of their solicitor preparing a consent order and so choose Express Divorce to handle the consent order separately.
And some of our clients instruct us to handle their managed divorce and their consent order. (In which case, we recommend you consider our combined managed divorce and consent order service.
The cost of our consent order is just £249, which represents a saving of approximately £150.00 when compared to other online providers and between £1200.00 and £1500.00 when compared to high-street solicitors’ fees.
Express Divorce can guarantee you will save between £1000.00 and £1500.00 on traditional solicitors’ fees if we draft your agreed Consent Order online.
Your consent order will be drafted by a qualified lawyer and you get free advice and help via email along with a 7-day money back guarantee.
More key facts about consent orders
Do I need a solicitor for a consent order?
Whilst you can file the consent order with the courts yourself, a solicitor understands complex legal processes and will have experience in drafting consent orders that will protect your rights.
Will I have to go to court?
In the majority of cases, neither party will need to attend court.
Can a judge reject a consent order?
Yes, a judge can reject a consent order if they do not believe it to be fair to both parties. In this case, they can ask that it be amended and resubmitted.
What happens if a consent order is breached?
If a party breaches a consent order, the other party can ask the court to have the consent order enforced.
If it is proven, then the party in breach will be required to meet the terms of the consent order and cover any costs incurred in bringing the case to court.
How long is a consent order valid?
A consent order does not expire.
How do we agree a consent order?
You can agree the terms a consent order between yourselves, or through divorce mediation or solicitor-led negotiation. If you cannot come to an agreement, you can ask the court to make a decision for you.
What is a 'clean break' consent order?
This is a standalone service we offer for clients who have acquired very few assets together during their marriage. A clean break order is not suitable for those who have multiple assets or that need to claim spousal maintenance.