Consent Orders

• Financial claims such as capital, income and pensions to be distributed;
• End date for claims, to stop them continuing indefinitely;
• Enforcement for delayed or withheld maintenance payments from an ex-spouse;
• Obligations for certain assets such as pensions to be paid.

The consent order is the only means by which you can be certain that any agreement will be upheld by both spouses.

The court requires both parties to file a ‘Statement of Information for a Consent Order in relation to a Financial Remedy’ form (often referred to as Form D81). This sets out brief details of the parties’ financial position and relevant circumstances and facts of the case.  This enables the judge to assess whether they think the order is reasonable in all the circumstances. 

The Statement includes information such as the ages of the parties, details of any dependent children, the capital and income of the parties and whether they are in a new relationship.

With this information, the court should usually be able to determine whether the terms of the consent order are reasonable.

However, there will be instances where the judge is not satisfied, and they may require more information. In some (very rare) instances the court may require the parties to attend court to explain why the order should be made.  Generally, if an order is agreed and drafted with the benefit of legal advice, the order should be approved. 

If the court approves the order, it will be sealed and copies will be sent to both parties, or their solicitors.  If the contents of your consent order are very straightforward, and it can be filed via the online Government Portal, the court usually takes 4 to 6 weeks to process the application.