Mediation can agree the arrangements before a consent order is drafted to make legally binding. Contact us today to start mediation.
Consent Order Process
If you and your ex-partner divorce or end a civil partnership you can choose how you deal with money or property issues. If you both agree on how you are going to divide your assets, then you probably won’t need to go to court. A solicitor can help you make any agreement legally binding by applying for a consent order.
What is a consent order?
A consent order is a legal document. It sets out how you and your ex-partner will divide up assets. The consent order explains what you have agreed about assets like:
Money (including pension arrangements).
Savings and Investments.
The consent order might also detail any agreement on child maintenance provisions as well as maintenance payments.
Why do I need one?
The consent order offers several benefits. It’s a cost effective way for both sides to set out the final divorce settlement in writing. The order provides a way of recording what you’ve both jointly agreed about financial matters. Because it is legally binding, it means that your ex-partner cannot make a financial claim against you in later years. It also means that you can go back to court to enforce the agreement if your partner breaks it.
Before the drafting of any consent order, you may feel that you need help in being able to agree how you’ll divide assets. While you may agree on some points, there may be issues where you cannot agree how you should share assets. This is where meditation can help. A mediation service offers a way for you reach a joint agreement on issues.
How do I apply for a consent order ?
A consent order is specific to your circumstances. There is no standard form available for you to fill in. For that reason, you will need a solicitor to draft a ‘consent order’. For the order to be legally binding they will arrange for the court to approve it. This means that you will both have to sign the draft consent order. Also, you will both have to complete a statement of information form as well as a notice of application for a financial order. All of the paperwork is sent to the court dealing with your divorce or ending your civil partnership for approval. The cost of a consent order is £50. More information about applying for a consent order is available on the GOV.UK website.
Will I have to go to court?
Not always. If the court is happy with the consent order and the Judge thinks it fair then they will approve it to make it legally binding. Once approved the order is then sent back to your solicitor. If the Judge is unhappy with the consent order, they may ask your solicitor to provide more information. They might also ask you and your ex-partner to attend court to discuss any issues.