What Is a Consent Order
A consent order is a court order that records the financial agreement reached between divorcing parties and makes it legally binding. Once approved by the court, it prevents either party from making further financial claims against the other -- known as the clean break.
Without a consent order, both parties retain the right to make financial claims against each other indefinitely, even after divorce. This means that if one party's financial circumstances improve significantly years later, the other party can still apply to the court for a share.
Why You Need One Even If You Agree
Many couples believe that if they have agreed the financial settlement verbally or in writing, they do not need a court order. This is wrong. An informal agreement is not legally binding in the way that a court order is.
High-profile cases have demonstrated this risk. A woman who agreed a settlement at divorce applied to the court for a share of her former husband's dramatically increased wealth years later. The Supreme Court ruled she could do so because there was no consent order.
How to Apply
If you are both in agreement, you apply jointly using Form D81 (statement of information) and the draft order itself, which sets out the terms of your agreement. The application is submitted to the court with a fee of £53.
A judge will consider the application on the papers -- you do not usually need to attend court. The judge considers whether the terms are reasonable and not contrary to the interests of any children.
What the Order Should Include
A consent order should deal with all financial matters: the matrimonial home, other property, pensions, savings and investments, debts, spousal maintenance or a clean break from maintenance, and any lump sum payments.
The order should include a dismissal of all future claims -- a clean break clause. This is the provision that closes the door on future claims. Without it, the protection is incomplete.
Do You Need a Solicitor
You do not legally need a solicitor to apply for a consent order. However, the document must be technically correct and the court will not approve an order that is defective in form or appears unfair to one party.
If you are dealing with significant assets -- particularly pensions, property, or a business -- the cost of a solicitor to draft the order is small compared to the risk of getting it wrong.