Consent Order

What is a Consent Order?

A consent order is a legally binding court order (Gov.uk) that records an agreement reached between two parties - usually in divorce, separation, or child arrangement disputes. Once approved by a judge, it becomes enforceable by law.

The key difference between a consent order and an informal agreement is enforceability. If one party breaks an informal agreement, you have very limited legal recourse. If they breach a consent order, you can apply to the court for enforcement, which can include fines or even imprisonment for contempt of court.

Consent orders are commonly used for:

• Financial settlements in divorce (splitting assets, property, pensions)
• Child arrangements (where children live, contact schedules)
• Clean break agreements (ending all future financial claims)

Types of Consent Order

Financial Consent Orders (Divorce)

A financial consent order in divorce typically covers:

• Division of the family home and other property
• Splitting savings, investments, and debts
• Pension sharing or offsetting
• Maintenance payments (spousal or child)
• A clean break clause (preventing future financial claims)

The Wyatt v Vince Case

The famous Wyatt v Vince [2015] case demonstrates why consent orders are essential. In this landmark case, a former wife successfully claimed financial provision from her ex-husband nearly 20 years after their divorce. Because they never had a proper financial consent order, the financial ties between them were never legally severed. The case went to the Supreme Court and resulted in a settlement. This case is frequently cited by family law solicitors as the reason why every divorcing couple needs a consent order.

Child Arrangements Consent Orders

If you've reached an agreement about your children (through mediation or negotiation), you can ask the court to make it into a consent order. This covers:

• Where the children will live
• How much time they spend with each parent
• Holiday arrangements
• Handover arrangements
• Communication between parents and children

When to Apply for a Consent Order

According to Gov.uk, the timing of your consent order application is important:

• After conditional order (decree nisi) - The court cannot approve a consent order before this stage
• Before final order (decree absolute) - Applying after may have financial consequences, particularly for pensions
• The consent order only takes effect after your final order/decree absolute is granted

You can submit your consent order application at the same time as your divorce application, but it will not be processed until you have your conditional order.

How to Get a Consent Order

How Much Does a Consent Order Cost?

| Item | Cost | Notes | |------|------|-------| | Financial consent order court fee | £60 (Gov.uk) | Submitted with Form A | | Child arrangements consent order | £0 | No fee within existing proceedings | | Solicitor to draft (financial) | £500-£1,500 | Strongly recommended | | Solicitor to draft (children) | £300-£800 | Optional but helpful | | Mediation to reach agreement | £500-£2,000 | Often funded by voucher scheme | | DIY (no solicitor) | £53 | Court fee only, but risky for finances |

Is a Consent Order Worth the Cost?

For financial matters: absolutely yes. Without one, your ex-spouse can make financial claims against you at any point in the future. The £53 court fee (plus solicitor costs) is a small price for permanent financial certainty.

For child arrangements: a consent order is not always necessary if you have a good working relationship. However, if you want the security of a legally enforceable agreement, it provides peace of mind.

What Does a Judge Look For?

When reviewing a consent order, the judge considers:

• Fairness - Is the agreement broadly fair to both parties?
• Children's welfare - Are children's needs properly considered?
• Full disclosure - Have both parties been honest about their finances? (Form D81)
• Understanding - Do both parties understand what they are agreeing to?
• No undue pressure - Has either party been coerced into agreeing?

The judge does not need the split to be exactly 50/50. They understand that parties may have different priorities and circumstances. However, if the agreement looks significantly unfair to one party, they may raise queries.

How Long Does a Consent Order Take?

Once submitted to the court:

| Stage | Timeline | |-------|----------| | Court receives application | 1-2 days | | Allocated to a judge | 1-2 weeks | | Judge reviews | 2-4 weeks | | Order sealed and returned | 1 week | | Total | 4-6 weeks |

If the judge has queries, add another 2-4 weeks for correspondence and resubmission.

Can a Consent Order Be Changed?

Financial Consent Orders

Financial consent orders are very difficult to change once approved. They can only be set aside in exceptional circumstances:

• Fraud - One party lied about their assets
• Non-disclosure - Material assets were hidden
• Vitiating factors - Duress, undue influence, or misrepresentation
• Barder events - An unforeseen event that invalidates the basis of the order (extremely rare)

This is why it is so important to get independent legal advice before agreeing.

Child Arrangement Consent Orders

Child arrangement orders (including consent orders) can be varied if there has been a significant change in circumstances. Either parent can apply to the court using a C100 form, though they will need to attend a MIAM first.

Consent Order vs Other Agreements

| Type | Legally Binding? | Enforceable? | Court Involved? | |------|-----------------|-------------|-----------------| | Verbal agreement | No | No | No | | Written agreement | Partially | Difficult | No | | Mediation agreement (MOU) | No | No | No | | Consent order | Yes | Yes | Yes (judge approves) | | Court-imposed order | Yes | Yes | Yes (judge decides) |

Do I Need a Solicitor?

For financial consent orders: strongly recommended. The implications of a financial consent order last a lifetime, and errors or unfair terms cannot easily be corrected later. A solicitor will:

• Ensure proper financial disclosure
• Draft the order in the correct legal format
• Advise whether the terms are fair
• Complete Form D81 correctly

For child arrangement consent orders: not essential but can be helpful, particularly for complex arrangements or where there is a history of disagreement.

Consent Orders and Mediation

If you've reached an agreement through family mediation, your mediator can prepare a Memorandum of Understanding (MOU) or an Open Financial Statement. These are not legally binding themselves, but they form the basis for a consent order.

The typical process is:

1. Attend mediation and reach an agreement
2. Mediator produces an MOU
3. Each party takes the MOU to their own solicitor for independent legal advice
4. A solicitor drafts the consent order based on the MOU
5. Both parties sign and submit to court

The Family Mediation Voucher Scheme provides £500 towards mediation costs, making this route very affordable.

Frequently Asked Questions

Can I get a consent order without getting divorced?

For financial matters, a consent order can only be made as part of divorce proceedings (it is usually submitted alongside the conditional order). For child arrangements, you can get a consent order at any time - you don't need to be married or divorcing.

What happens if my ex won't agree to a consent order?

A consent order requires both parties' agreement - that's what makes it a "consent" order. If your ex won't agree, your options are to continue negotiating, try mediation, or apply to the court for a judge to decide (which will then be an imposed order, not a consent order).

Can I write my own consent order without a solicitor?

Technically yes, but for financial matters this is risky. The court needs the order in a specific legal format, and if terms are unclear or unfair, the judge may reject it. For child arrangements, self-drafting is more feasible.

Is a consent order the same as a clean break?

Not exactly. A clean break is a clause within a consent order that dismisses all future financial claims between the parties. A consent order can contain a clean break clause, but it can also include ongoing obligations like maintenance payments.

What if the judge rejects our consent order?

The judge may raise queries or suggest amendments rather than outright reject the order. Common issues include insufficient financial disclosure, terms that appear unfair, or unclear drafting. You address the queries and resubmit.

How long is a consent order valid for?

A financial consent order is permanent and remains in force indefinitely (unless successfully challenged, which is rare). Child arrangement consent orders remain in force until the child turns 16, or 18 in exceptional circumstances.

Do I need a MIAM before applying for a consent order?

Not for financial consent orders in divorce. For child arrangements, if you are applying through an existing court case, no MIAM is needed. If starting new proceedings, you typically need a MIAM first, though there are exemptions.

Can a consent order cover both finances and children?

Yes. You can have separate consent orders for finances and children, or a combined order. Financial matters are usually dealt with as part of divorce proceedings, while child arrangements can be addressed separately or together.

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Official Resources

For authoritative information, visit these official sources:

Government Sources

• Gov.uk - Apply for Consent Order - Official guidance
• Gov.uk - Divorce and Separation - Full divorce process
• Gov.uk - Court Fees (EX50) - Current fee schedule
• Form D81 - Financial statement form

Legal Resources

• Family Procedure Rules - Legal framework
• Family Mediation Council - Find accredited mediators
• Cafcass - Children and Family Court Advisory Service
• Resolution - Family law professionals