When a divorce or civil partnership dissolution reaches the stage of financial agreement, many couples choose to resolve matters through a consent order. Once that consent order is approved and sealed by a judge, it represents a significant milestone. However, many people are unsure what happens next and whether any further action is required.
In this article, we explain what it means when a consent order is sealed, when it becomes legally binding and what practical steps usually follow. We also outline what to do if problems arise after the order has been approved, along with how to get a free 30 minute consultation with a solicitor if you need tailored advice.
What does it mean for a consent order to be sealed?
A consent order is a legally binding document that sets out how financial matters are to be resolved following divorce or dissolution. It’s drafted by agreement between the parties and then submitted to the court for approval.
When a judge seals a consent order, they are confirming that the agreement is fair and reasonable based on the financial information provided. Once sealed, the order carries the same legal weight as any other court order. Both parties are required to comply with its terms.
It’s important to note that the judge usually approves a consent order without a hearing. The court relies on the financial disclosure provided and the wording of the agreement itself, which is why it’s crucial that the order is drafted carefully and accurately.
When does a consent order become legally binding?
A consent order becomes legally binding on the date it’s sealed by the court. From that point onwards, neither party can simply change their mind or ignore the terms of the agreement.
If the consent order deals with financial matters following divorce, it will usually only take effect once the conditional order has been granted. However, once both conditions are met, the obligations set out in the order must be followed.
This legal finality is one of the main benefits of a consent order. It provides certainty and protection, ensuring that financial claims can’t be revisited later without very limited exceptions.
What usually happens immediately after the order is sealed?
After a consent order is sealed, the next steps are largely practical. The order itself will usually set out what needs to happen, who is responsible for each step and the timescales involved.
In many cases, this may include the payment of a lump sum, the sale or transfer of a property or the division of savings and investments. Where pensions are involved, the consent order may include a pension sharing order, which must then be sent to the pension provider for implementation.
It’s important to read the sealed order carefully and note any deadlines. Missing a deadline or misunderstanding an obligation can lead to delays or disputes later on.
Related: How to Protect Your Assets Before & During Divorce
Do you need to return to court after a consent order is sealed?
In most cases, no further court hearings are required once a consent order has been sealed. The expectation is that both parties will carry out the terms of the agreement without further court involvement.
However, if one party fails to comply with the order or there is a genuine dispute about its interpretation, it may be necessary to return to court. This is usually for enforcement or clarification, rather than to reopen the financial settlement itself.
What actions usually need to be taken after a consent order?
The steps that follow a sealed consent order depend on what the agreement covers. Many consent orders include clear instructions about what must happen and when, so it’s important to follow these carefully.
If the order requires a lump sum payment, this must usually be paid within a set timeframe. Failure to do so can amount to a breach of the order. Where property is involved, the order may require one party to transfer their interest in the family home or for the property to be sold. This often involves instructing conveyancers and completing the necessary legal paperwork.
Where joint bank accounts or investments exist, these may need to be closed or divided in line with the order. Each party should also consider updating their will and reviewing financial arrangements to reflect their new circumstances.
If the consent order includes a pension sharing order, this isn’t automatic. The sealed order and the relevant annex must be sent to the pension provider so the pension share can be implemented. This process can take several months and shouldn’t be overlooked.
What if one party doesn’t comply?
Once a consent order is sealed, both parties are legally required to comply with its terms. If one party fails to do so this is a breach of a court order.
Common issues include failure to pay a lump sum, delays in transferring property or refusing to cooperate with pension implementation. In these situations, the affected party may need to take enforcement action.
The court has a range of enforcement powers, including ordering payment, imposing interest on unpaid sums or, in serious cases, taking more robust steps to secure compliance. Before matters escalate, it’s often sensible to seek legal advice to understand the most effective way to proceed.
Can a sealed consent order be changed?
Consent orders are intended to provide finality. Once sealed, they can’t be changed simply because one party later feels the agreement is unfair or inconvenient.
However, there are very limited circumstances where a consent order may be varied or set aside. This might include situations where there was a significant failure to disclose assets, fraud or a major and unforeseen change in circumstances shortly after the order was made.
These cases are rare and can be legally complex. Anyone considering challenging a sealed consent order should seek specialist legal advice as early as possible.
Protecting yourself after the order is sealed
After your consent order has been approved, it’s sensible to take practical steps to protect your position. Keep a copy of the sealed order and make a note of any deadlines or obligations it contains. Where third parties are involved, such as pension providers or conveyancers, ensure instructions are given promptly.
If you encounter delays or resistance from the other party, don’t ignore the issue. Early advice from divorce solicitors can often prevent a small problem from becoming a costly dispute.
Moving forward with confidence
A sealed consent order provides clarity and certainty at the end of a divorce or dissolution. While it marks the conclusion of court involvement for most couples, it’s still important to ensure the order is implemented correctly.
Understanding what happens next and knowing when to seek advice can help you move forward with confidence and avoid unnecessary complications.
Please note that this article is for informational purposes only and isn’t a substitute for legal advice. We encourage readers to contact Osbourne Pinner for case specific guidance.
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