Financial Consent Orders

Who This Service Is For

 

This service is designed for individuals who have already reached an agreement with their former partner and now require that agreement to be formalised into a legally binding court order.

It is particularly suitable for those navigating the process without legal representation, who want reassurance that their documents are prepared correctly and reflect their agreed terms clearly.

 

 

What the Service Includes

 

I will prepare your Financial Consent Order and the necessary supporting documentation, ensuring that the agreement is properly structured and presented in a way the court can approve.

Care is taken to avoid common issues that can lead to delays or rejection, allowing the process to move forward as smoothly as possible.

This helps ensure the court has the information it needs to approve the order without unnecessary delay.

 

How the Process Works

 

Once you have provided the details of your financial agreement, your documents are drafted and returned to you for review. Following your approval, they will be ready for submission to the court.

 

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What Is a Financial Consent Order?

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A Financial Consent Order is a legally binding court order that records the financial agreement reached between divorcing spouses. Its purpose is to formally resolve financial matters and bring the financial relationship between former partners to an end.

The order sets out how assets such as property, savings, pensions and investments will be divided, and can also address ongoing financial support and responsibility for debts. Once approved and sealed by the court, it becomes legally enforceable and final.

Even where separating couples reach an agreement amicably, that agreement is not legally binding unless it is approved by the court within a Consent Order. Without a court order in place, financial claims between former spouses can remain open indefinitely. This means that future assets, inheritance or income could still potentially be subject to claims.

For this reason, obtaining a properly drafted Consent Order is an essential step in bringing financial matters following divorce to a clear and final conclusion.

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Why a Consent Order Is Important

 

A well-drafted Consent Order provides clarity and certainty about the financial arrangements following divorce. It ensures that both parties understand their financial position moving forward and protects against future disputes.

Most importantly, a Consent Order can provide a clean break, preventing either party from bringing further financial claims against the other in the future.

 

Consent Orders are particularly important where the settlement involves the transfer or sale of property, pension sharing arrangements, lump sum payments, or ongoing spousal maintenance. Recording these arrangements within a legally binding order ensures that the terms agreed between the parties can be implemented and enforced if necessary.

 

 

The Process of Obtaining a Consent Order

 

Once a financial agreement has been reached, the next step is to formalise that agreement so that it can be approved by the court.

The process begins with drafting the Consent Order itself. This document must be written in the correct legal format and clearly set out the terms of the settlement, including how assets are divided, whether any pension sharing is involved, whether maintenance will be paid, and whether the agreement provides for a clean break between the parties.

 

Alongside the draft order, both parties must complete a document known as Form D81, also referred to as the Statement of Information. This form provides the court with a summary of each party’s financial circumstances, including income, assets, pensions and liabilities, as well as the financial position after the proposed settlement has been implemented. The purpose of this document is to allow the judge to assess whether the agreement appears fair and reasonable.

 

Once the Consent Order and Form D81 have been completed and signed, the documents are submitted to the court together with the relevant court fee. The judge will review the paperwork without the parties needing to attend court. If the judge is satisfied that the agreement is fair, the order will be sealed and become legally binding. In some cases the judge may ask for further clarification before approving the order.

 

Court Fees

 

A court fee is payable when submitting a Financial Consent Order for approval. At present this fee is £53, although court fees may change from time to time. Some individuals may qualify for assistance through the Help with Fees scheme depending on their financial circumstances.

The court fee is payable directly to HMCTS and is separate from my drafting fee.

 

How I Can Help

 

If you and your former spouse have reached a financial agreement, I can assist in preparing the documents required for the court to approve that agreement.

 

My role is to help translate the terms you have agreed into a clearly structured, court-ready Consent Order. This can include reviewing the financial terms of the settlement, drafting the Consent Order in the correct format, assisting with the completion of Form D81 and preparing the documents ready for submission to the court.

 

Many couples who have reached agreement independently simply need support ensuring that the paperwork is properly prepared so that the court can approve it without delay.

 

My fee for drafting a Financial Consent Order is £350. This includes an initial consultation to discuss your agreement and the preparation of all documents required for submission to the court.

 

I can also review a Consent Order prepared by the other party’s solicitor to help you understand the terms and ensure that the document accurately reflects the agreement before you sign it.

If you would like assistance preparing or reviewing a Consent Order, you can complete the enquiry form below to arrange an initial discussion.

Alternatively, you can get in touch to discuss your situation and the next steps.