What is a consent order in family law?

What is a consent order?

A consent order is a legal document that confirms your decisions about financial assets in a divorce, once both parties have agreed. It explains how a divorcing couple is going to divide up assets such as:

• pensions
• property
• savings
• investments

Family law solicitors can draft consent orders, and these can also include maintenance payments including spousal maintenance or child maintenance.

After decree absolute (the final document that ends the marriage/civil partnership legally), the consent order is arguably the most important document in divorce proceedings that deals with financial assets.

How long will it take to get a consent order approved?

Since April 2022, consent orders are submitted to court using the online court portal and dealt with by an administrative judge. An email notification is sent to both parties involved when the order has been approved, and a sealed order can then be downloaded. How long it takes for a financial consent order to be approved depends on the court’s workload, but on average it takes between 3 to 4 weeks.

Can I still get divorced without a consent order?

As they are two separate legal proceedings, yes, you can get divorced without a financial consent order, however this is not advisable. A consent order creates a legally binding agreement surrounding finances in the divorce and removes the possibility of future disputes.

Should you choose to forgo a consent order in a divorce, you can apply for one after the divorce is finalised.

How do I get a consent order?

Once the separating couple have reached an agreement about separating finance, this can be given to our family law experts to reflect the terms in a consent order. The order is then signed by both parties and an accompanying court form, called the ‘Statement of Information’, is prepared to summarise the parties’ financial circumstances both before the order is granted, and afterwards. This provides context to the judge and allows them to see the agreement is fair on all parties involved.

We are here to help

If you need a financial consent order, or legal support in a divorce, our leading family law experts are here to help you. At Slater and Gordon, we understand the difficulties faced when problems arise in your family life. Our specialist family law team are on hand to offer support and tailored legal advice to help you take the next steps. For more information, contact us online.