Consent Order Template UK: Guide

What is a Consent Order Template?

If you are searching for a consent order template, you are probably looking to make your divorce financial agreement legally binding. Understanding what a consent order template involves will help you prepare for this important step.

A consent order is a legal document that records the financial agreement between divorcing spouses and, once approved by a judge, becomes a binding court order. A consent order template shows the structure and content of this document.

However, it is important to understand from the outset: while a consent order template can help you understand what is involved, you cannot simply fill one in yourself. Consent orders must be properly drafted (usually by a solicitor) and approved by a family court judge.

According to Gov.uk, a consent order is the way to make your financial agreement legally binding after divorce.

Why Consent Order Templates Alone Are Not Enough

Before we explore what a consent order template UK includes, let us be clear about the limitations:

Why You Cannot Just Use a Consent Order Template

1. Legal drafting required — The precise legal wording matters enormously
2. Court approval needed — A judge must review and approve the order
3. Unique circumstances — Every divorce has different assets and needs
4. Technical requirements — Specific forms and procedures must be followed
5. Risk of rejection — Poorly drafted orders are sent back by judges

What a Consent Order Template Can Help With

That said, understanding a consent order template structure is valuable because:

• It helps you prepare for discussions with your solicitor
• You will understand what information is needed
• You can ensure nothing is forgotten
• It reduces surprises when you see the draft

What Does a Consent Order Template Include?

A typical divorce consent order template contains several standard sections. Here is what to expect:

Section 1: The Heading of a Consent Order Template

Every consent order template UK starts with:

• Court name and case number
• Names of the parties (Applicant and Respondent)
• Date of the order
• Statement that this is made by consent

Section 2: Recitals in a Consent Order Template

Recitals are introductory paragraphs in a consent order template that set out:

• Confirmation both parties have disclosed finances
• Statement that independent legal advice has been received (or declined)
• Any relevant background facts
• Reference to any children

Section 3: The Main Order Terms

This is the heart of any consent order template. It typically covers:

Property Division in Your Consent Order Template

• Who keeps the family home (or how sale proceeds are divided)
• Transfer of property ownership
• Responsibility for the mortgage
• Division of other properties

Pension Provisions in Your Consent Order Template

• Pension sharing orders (percentage to be transferred)
• Pension attachment orders (if used)
• Details of the pension schemes involved

The Money Helper pension guide explains pension division options.

Maintenance in Your Consent Order Template

• Spousal maintenance amount (if any)
• Duration of maintenance
• Trigger events for ending maintenance
• Child maintenance provisions (often dealt with separately)

Lump Sums in Your Consent Order Template

• Any lump sum payments
• Payment dates
• What happens if not paid

Section 4: Clean Break Provisions in Consent Order Templates

A key part of most consent order templates is the clean break clause:

• Dismissal of all future financial claims
• Confirmation neither party can make further claims
• Protection against future changes of circumstance

This is often called a "clean break" consent order template provision.

Section 5: Undertakings

Undertakings in a consent order template are promises that are not orders but are recorded:

• Promise to transfer specific items
• Promise to close joint accounts by a certain date
• Promise to remove name from mortgage by a certain date

Section 6: Schedule of Assets

Many consent order templates include a schedule listing:

• All disclosed assets
• Their values
• Who receives what

Types of Consent Order Templates

Different situations call for different types of consent order templates:

Clean Break Consent Order Template

A clean break consent order template is used when:

• Both parties want a complete financial separation
• No ongoing maintenance is needed
• All assets can be divided immediately

This is the most common type of consent order template UK couples need.

Consent Order Template with Spousal Maintenance

When ongoing support is needed, the consent order template includes:

• Monthly maintenance amount
• Duration (term order) or until further order (joint lives)
• Events that end maintenance (remarriage, cohabitation, etc.)

Consent Order Template for Property Transfer

If one spouse is keeping the home, the consent order template will specify:

• Transfer of ownership details
• Mortgage indemnity provisions
• Timescales for transfer

Consent Order Template with Pension Sharing

Pension sharing requires specific provisions in the consent order template:

• The pension sharing percentage
• Details of the pension scheme
• Implementation date
• Whether internal or external transfer

How to Get a Consent Order: The Process

Understanding the process helps you see where a consent order template fits in:

Consent Order Template Costs

How much does it cost to turn a consent order template into a real order?

| Item | Cost | |------|------| | Solicitor drafting (fixed fee) | £300-£800 | | Solicitor drafting (hourly rate) | £500-£1,500+ | | Court fee | £50-£100 | | Independent legal advice (optional) | £150-£400 per person |

Example Consent Order Template Structure

Here is what a simplified consent order template UK structure looks like:

IN THE FAMILY COURT
SITTING AT [COURT NAME]

Case Number: [NUMBER]

BETWEEN:
    [APPLICANT NAME]                    Applicant
    -and-
    [RESPONDENT NAME]                   Respondent

                    CONSENT ORDER

UPON the parties having reached agreement
AND UPON the parties having provided full financial disclosure
AND UPON [other recitals]

BY CONSENT IT IS ORDERED THAT:

1. [Property provisions]
2. [Pension provisions]
3. [Maintenance provisions]
4. [Lump sum provisions]
5. [Clean break provisions]

UNDERTAKINGS:
[Any undertakings]

Dated this [DAY] day of [MONTH] [YEAR]

[Signatures]

This shows the basic structure, but remember: the actual legal wording in a proper consent order template is much more detailed and precise.

When a Consent Order Template Might Be Rejected

Judges can reject a consent order. Common reasons include:

Reasons Courts Reject Consent Order Templates

• Unfair terms — One party gets significantly less than they should
• Inadequate disclosure — Financial disclosure seems incomplete
• No D81 form — The required form was not submitted
• Drafting errors — The order is unclear or contradictory
• Missing provisions — Important matters are not addressed
• Incorrect procedure — Forms or fees are wrong

This is why professional drafting of your consent order template matters so much.

Consent Order Template vs Separation Agreement

Many people confuse consent order templates with separation agreements:

| Aspect | Consent Order Template | Separation Agreement | |--------|----------------------|---------------------| | Legal status | Fully binding once approved | Not automatically binding | | Court involvement | Judge must approve | No court needed | | Enforcement | Court can enforce | Difficult to enforce | | When used | During/after divorce | Anytime, including before divorce | | Cost | Higher (£400-£900+) | Lower (£0-£500) | | Best for | Final financial settlement | Interim arrangements |

A separation agreement can be a stepping stone—you agree terms first, then convert to a consent order when you divorce.

FAQs About Consent Order Templates

Can I write my own consent order using a template?

No, you cannot create a legally binding consent order using a template alone. While templates help you understand the content, the order must be properly drafted by a solicitor and approved by a judge. DIY consent orders are almost always rejected by courts.

Where can I find a consent order template UK?

While consent order templates are available online, they should be used for information only. For your actual consent order, instruct a family solicitor. The Law Society can help you find one. Many offer fixed-fee consent order services.

How long is a consent order template valid?

Once a consent order is approved by the court, it remains in force indefinitely unless varied by a further court order. Clean break provisions cannot be reopened. Maintenance provisions may be varied if circumstances change significantly.

Do both parties need solicitors for a consent order?

No, one solicitor can draft the consent order for both parties if you have agreed terms. However, it is advisable for each party to have their own solicitor review it before signing. This is called "independent legal advice" and strengthens the order.

Can we do a consent order without divorcing?

No, a consent order is part of divorce proceedings. You cannot get one without a divorce application being issued. If you want a binding agreement before divorce, consider a separation agreement or wait until divorce proceedings start.

What if the judge rejects our consent order?

If a judge rejects your consent order, they will usually explain why and give you a chance to amend it. Common issues include inadequate disclosure or unfair terms. Your solicitor can redraft and resubmit. This is why professional drafting matters.

Tips for Getting Your Consent Order Right

1. Start with mediation — Agree terms through family mediation first
2. Be thorough with disclosure — Complete financial disclosure properly
3. Consider all assets — Do not forget pensions, investments, debts
4. Think long-term — Consider how arrangements work over time
5. Get advice — Independent legal advice strengthens your consent order
6. Use experienced solicitors — Family law specialists know what judges expect
7. Do not rush — Take time to get your consent order template right
8. Read the draft carefully — Make sure it reflects your actual agreement

Summary: Consent Order Templates

A consent order template helps you understand what goes into this important legal document. Key points:

• Templates are guides — They show structure but cannot be used alone
• Professional drafting essential — Solicitors ensure legal accuracy
• Court approval required — A judge must review and seal the order
• Protects both parties — Creates certainty and prevents future claims
• Worth the cost — The security of a binding order is valuable

For most divorcing couples, a consent order is the essential final step to truly move on financially.

Next Steps for Your Consent Order

1. Understand consent orders in detail
2. Complete financial disclosure
3. Try family mediation to agree terms
4. Learn about separation agreements as an interim step
5. Find a family solicitor to draft your order

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Official Resources

For authoritative information, visit these official sources:

• Family Mediation Council
• Cafcass - Children and Family Court Advisory