9th December 2024

Family Law FAQs – What is a Consent Order and do I need one?

What is a Consent Order and do I need one?

Our Family team has put together answers to some of its most frequently asked questions and we’ll be sharing them over the course of the coming months. We continue the series with this… 

What is a Consent Order and do I need one?

When getting divorced it is always important to consider the financial ties that you and your spouse have and what arrangements you wish to make going forward. Such arrangements can include any payments which may be made by one party to the other and for how long, how physical assets will be divided upon divorce, and how other assets such as pensions should be dealt with.

While many separating couples may find that instructing lawyers to resolve these matters through the Family Court is the best way to deal with this aspect of a divorce, many others are also able to reach agreement without the need for lawyers or mediation professionals. Settling without the need to issue financial remedy proceedings can reduce your legal costs, stress and help you keep an amicable relationship with your divorcing spouse (which can be a huge benefit if you have children together).

However, even if you and your spouse have reached an agreement without the use of legal professionals, you should still speak to a lawyer to help you obtain a consent order. Doing so will finalise the agreement, make the terms of said agreement enforceable, and help prevent future challenges to your assets.

When divorcing your spouse there are four main stages:

  • Applying for your conditional order
  • Your conditional order being granted
  • Applying for your final order after six weeks and one day of your conditional order being granted
  • Your final order being granted

Once your final order has been granted, the parties to whom the order relates will no longer be married. However, just because two parties are no longer married that does not mean that all financial ties have been severed. It is possible that even after many years of being divorced, your former spouse could make a claim against you or your estate at a later date as was shown in the Supreme Court ruling of Wyatt v Vince [2015] UKSC 14. Hence, even when a divorce may be amicable and the division of assets has been relatively straightforward, you should still obtain a Consent Order. This is because a Consent Order remains the only Family Court approved method to protect yourself from claims for financial remedy in the future.

A consent order is a type of order which is sealed by the Family Court upon formal agreement of the division of assets.  The order will detail the exact nature of the agreement which the two parties have reached outside of court. It is worth noting when reaching an agreement that the Court will only seal an agreement if they consider it to be fair in all circumstances to both parties.

We would always advise that both parties seek legal advice as to whether what you have agreed to is fair in the context of the matrimonial finances. Your lawyer will be able to draft up a consent order for you based on the agreement you have reached, and this can then be forwarded onto the Family Court who will review the agreement. Should the court raise no objections to the proposed order then they will seal it. Once sealed, the agreement you made becomes legally enforceable and no further claims can be made on assets which are addressed with the agreement and have been dealt with fairly. It is important to note though that seeking professional help is always wise when drafting an order of this kind, as any area which remains unaddressed could be left open to claim in the future. A consent order is the only way of ensuring that your finances are protected when moving on from a divorce.  We can help guide you through the process.

If you are seeking advice relating to a divorce, then please feel free to get in touch with us on 01228 552222 or email hello@burnetts.co.uk and ask to speak to a member of our Family team to set up an appointment.