Consent Order

A Consent Order is a legally binding document that outlines the financial agreement reached between divorcing spouses. It ensures that the terms agreed upon, such as the transfer of property, are enforceable by law. A Consent Order also gives you both clean break protection which means that neither of you can make a financial claim against the other in the future. You should consider getting one to formalise the division of assets, property, and financial responsibilities, providing certainty and protection against future claims.

No, you can’t. To get a Consent Order, you must have at least been given permission to divorce. This is known as a conditional order or a decree nisi under the old law. To get permission to divorce, you must have started divorce proceedings.

Our Fully Managed Consent Order service costs £499. This fee covers the preparation and submission of all necessary documents and communication with the court to ensure a smooth and efficient process.

Court Fees also need to be considered as they are not included in our service price. All Consent Orders issued in England and Wales require a mandatory court fee of £58 to cover the court’s staff costs.

The process to secure a Consent Order typically takes around 8 weeks – this is 4 weeks to draft and 4 weeks for the court to approve the clean break order. If you opt for our Fast Track service, the Consent Order can be ready for court filing within 1 week of receiving your application, and it takes the court on average 4 weeks to approve so total time from start to finish of 5 weeks

To start the process, you will need to provide key pieces of information which is submitted through our easy to use online questionnaire. This includes the following:

• Details of your financial situation
  • Total equity held in properties
  • Total savings and investments
  • Total liabilities (not mortgage debt)
  • The total total cash equivalent transfer value (CETV) of pensions
  • Monthly income broken down into income from employment, benefits, child maintenance payments, pension or other sources.
  • Any prior agreements or settlements made with your ex-partner and your planned financial settlement.

You cannot get a Consent Order without disclosing this information.

You don’t need to provide bank statements, property valuations, or other evidence. However, if the court found that a party had been deliberately withholding information to deceive the other party or the court, the clean break order could be voided, and the perpetrator could face prosecution for fraud.

In most cases, you will not need to attend court for the Consent Order to be approved. Our team handles all court communications and submissions on your behalf, making the process as smooth and stress-free as possible. You will only need to attend court if the court is not satisfied that your Consent Order is fair. If for example, one party was being bought out of their share of the former family home for less than market value the court would question the fairness of the agreement.

The purpose of a Consent Order is to prevent any future financial claims from your ex-spouse, regardless of changes in your financial situation (e.g you coming into substantial wealth you previously did not have). Once a Consent Order is approved by the court, it is legally binding and cannot be altered.

Yes, our service handles the entire process from start to finish. We manage all documentation, court submissions, and communications, ensuring that everything is completed accurately and efficiently.

No, pension rights are not included in the Consent Order. You will need a separate Pension Sharing Order to address the division of pensions and ensure both parties receive a fair share.

To ensure the Consent Order is fair, both parties must fully disclose their financial circumstances. Our team drafts your order that reflects your individual circumstances, and the court will review the agreement to ensure it is fair and reasonable.