How to Get a Consent Order for Divorce: A Step-by-Step Guide
Divorce is often a challenging and emotional process, especially following a relationship breakdown, but when both parties agree on the division of assets and financial matters, obtaining a consent order can help make the transition smoother. In divorce proceedings, formalising financial arrangements through a consent order is crucial. A consent order is a legally binding court order that finalises the financial agreements between divorcing spouses, ensuring that neither party can make further financial claims in the future. Family law governs this process, and consulting a family law solicitor can help ensure the agreement is fair and legally sound. Mediation and legal agreements can help manage the process, and mediation is often preferred over going to court, which can be costly and time-consuming. This blog will guide you through the process of getting a consent order in the UK.
What is a Consent Order?
A consent order is a legal document that outlines how a divorcing couple’s financial assets, such as property, savings, pensions, and other financial matters, will be divided. It may also cover any ongoing financial support, such as spousal maintenance or child support. Child arrangements, such as where children will live and how much time they spend with each parent, can also be included in the consent order. Once approved by a family court, a consent order is legally binding, meaning both parties must adhere to the agreed terms. The consent order is a type of court order that formalises the agreement and is enforceable by law.
The consent order is particularly important because, without it, either party could potentially make future financial claims against the other, even years after the divorce is finalised. A divorce consent order makes financial arrangements legally binding after divorce and protects both parties from future claims.
Step 1: Reach an Agreement
The first step in obtaining a consent order is for both parties, including your ex partner, to reach an agreement on how their finances will be divided. This includes decisions about:
Property: Who will keep the family home or how the sale proceeds will be divided.
Savings and Investments: How bank accounts, savings, and investments will be split.
Pensions: How any pension funds will be divided, if applicable.
Debts: Responsibility for paying off any shared debts.
Spousal Maintenance: Whether one party will continue to support the other financially and for how long.
Child Maintenance: Financial support for any children involved, including living expenses and education costs. The Child Maintenance Service can be involved in assessing and managing child maintenance, but arrangements can also be included in the consent order.
Child Arrangements: Where children will live, how much time they spend with each parent, and other arrangements involving the other parent, can be included in the consent order.
Money and property issues should be addressed before applying for a consent order. Agreeing on the financial split is important, and if parties cannot agree, alternative dispute resolution methods such as mediation or court applications may be necessary. A family member can sometimes assist with negotiations or provide support during the agreement process.
It’s often helpful to seek legal advice or work with a mediator to ensure that the agreement is fair and comprehensive. Using a mediator accredited by the Family Mediation Council is recommended, as only a mediator accredited by the Family Mediation Council can sign the MIAM form required for court applications. The Family Mediation Council accredits mediators and provides resources to help you find qualified professionals. Mediation sessions may be required to help both parties reach an agreement, and the number of mediation sessions can vary. The mediation process typically starts with an assessment meeting, known as a Mediation Information and Assessment Meeting (MIAM), where mediation information is provided to help parties understand their options and determine if mediation is suitable. Shuttle mediation is available if parties prefer not to meet face-to-face, and a family member can sometimes participate in mediation sessions to provide support. Legal aid may cover the cost of the first mediation session for eligible parents, and the family mediation voucher scheme can help cover the cost of mediation sessions for eligible parents. Allegations of domestic abuse can exempt parties from attending a MIAM or mediation.
A financial agreement reached through mediation or negotiation can be formalised in a consent order. Once an agreement is reached, it can be formalised in a consent order to make it legally binding.
Step 2: Draft the Consent Order
Once both parties have reached an agreement, the next step is to have a family law solicitor draft the consent order. Although it’s possible to write the order yourself, it’s highly recommended to use a solicitor to ensure that the document is legally sound and accurately reflects the agreement. A family lawyer can review and draft the consent order to ensure all details are correct and provide guidance on the consent order process. A draft consent order is prepared before submission to the court. All financial issues should be disclosed and considered to ensure a fair settlement.
The consent order will typically include:
A Schedule of Assets: A detailed list of all assets and how they will be divided.
Maintenance Arrangements: Specifics on any spousal or child maintenance, including the amount and duration. Regular payments, such as ongoing spousal or child support, can be included in the consent order.
Provisions for Future Changes: How the agreement might change in the event of significant life changes, such as remarriage or retirement. If circumstances change significantly, the court may consider varying the consent order.
A Clean Break Clause: A clause that ensures both parties agree not to make any further financial claims against each other once the divorce is finalised. A clean break consent order ends all financial ties between parties and prevents future claims.
Step 3: Apply for a Decree Nisi (Conditional Order)
Before you can submit your consent order to the court, you must first obtain a Decree Nisi, also known as a conditional order in divorce proceedings. This is the first stage of the divorce process that indicates the court does not see any reason why the divorce cannot proceed. The Decree Nisi confirms that your divorce is valid, and it’s during this stage that you can apply for a consent order.
If you haven’t already done so, you’ll need to complete the necessary divorce application forms, file them with the court, and go through the standard divorce process to reach this point.
Step 4: Submit the Consent Order to the Court
Once the Decree Nisi has been granted and the consent order is drafted, it must be submitted to the court for approval. You’ll need to complete and include a Form A (Notice of an application for a financial order) and a Form D81 (Statement of Information for a Consent Order), which provides details about both parties’ financial situations.
There is also a court fee for submitting the consent order, which is currently £53 (as of 2024). This fee may vary, so it’s a good idea to check the latest information. Individuals on a low income may be eligible for legal aid to help cover mediation or court costs. Solicitors fees are also part of the overall expense of obtaining a consent order. How much mediation costs compared to legal representation depends on factors such as eligibility for legal aid, the number of mediation sessions required, and whether additional legal or court fees are needed.
Step 5: Court Review and Approval
After you submit the consent order, a judge will review it to ensure that it’s fair and reasonable for both parties. The judge’s primary concern is to ensure that any agreements made protect the welfare of any children involved and that neither party is left in financial hardship. The family court is responsible for reviewing and approving the consent order. The court process involves reviewing the draft consent order, considering the financial arrangements, and ensuring the agreement is fair. If the agreement is clear, fair, and meets all legal requirements, the court approves the consent order, often without the need for a court hearing. If the judge has any concerns, they may request additional information or suggest amendments.
Step 6: Finalise the Divorce with a Decree Absolute (Final Order)
Once the consent order is approved, you can apply for the Decree Absolute, which is the final order from the court and the final stage of the divorce process. The Decree Absolute officially ends the marriage and, with the consent order in place, legally finalises the division of financial assets. The final order makes the consent order legally binding.
Why a Consent Order is Important
Having a consent order in place provides several important benefits:
Legal Certainty: It ensures that the financial agreement is legally binding and enforceable by law. Court orders, including consent orders, are legally binding and enforceable.
Future Security: It protects both parties from future financial claims, providing peace of mind that the financial aspect of the divorce is fully resolved. A clean break consent order ends financial ties and prevents future claims.
Clarity: It clearly outlines the financial responsibilities of both parties, helping to prevent misunderstandings or disputes in the future.
Conclusion
Obtaining a consent order is a critical step in ensuring that your financial settlement in a divorce is legally binding and fair. By following the steps outlined above, you can navigate the consent order process more smoothly and protect your financial future. Dispute resolution methods like mediation are encouraged before court action.
Whether you’re just starting the divorce process or are ready to formalise an agreement, it’s essential to seek legal advice to ensure that your rights and interests are fully protected. Seeking independent legal advice is important if there is any uncertainty about the agreement. A well-drafted consent order can help you move forward with confidence and security.
Considering Mediation? Contact Digital MIAM Today
Family mediation provides a practical, collaborative path to resolving disputes without the stress and cost of going to court. At Digital MIAM, we specialise in helping families reach agreements that support all parties’ needs. If you’re considering mediation, or if you’re ready to make an existing mediation agreement legally binding, we’re here to guide you.
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