Consent Order Solicitors
- Divorce and family team with 30+ years' experience in financial settlements
- Experts in high-value and complex divorce finances
- Help with drafting, reviewing & submitting consent orders
- Legally binding agreements to protect your post-divorce finances
- Tailored strategies for fair, enforceable settlements, including clean break orders
- Transparent fixed-fee services
- Members of the Law Society
- Free 30-minute consultation in London, Manchester and online
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We do not offer Legal Aid.
We will always get the best possible result for our clients!
We represent you with a proactive & forward-thinking mindset.
Consent Orders Made Simple
Consent Orders Made Simple
Navigating financial settlements during divorce or separation can be complex and emotionally taxing. Ensuring that agreements are legally binding is crucial to protect your financial future. A court consent order formalises the division of assets, providing clarity and security for both parties and ensuring both parties receive a fair and legally binding outcome.
Before finalising your agreement, working with a family mediation solicitor or negotiation expert can streamline the process and help avoid conflict. If your situation involves finance matters, private children issues or international elements complex matrimonial finance, legal guidance is vital.
At Osbourne Pinner Solicitors, our experienced family law team specialises in drafting and securing court approval for financial orders. We work closely with you to ensure that your financial agreements are fair, comprehensive and legally enforceable, giving you peace of mind as you move forward with your application for a consent order.
For a complimentary discussion with our family lawyers, contact us today at [email protected] or call 0203 983 5080. Alternatively, you can visit our offices in Harrow, Canary Wharf, Piccadilly Circus or Manchester. Take advantage of our free 30-minute consultation and take the first step.
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What Exactly Is a Consent Order?
A consent order is a legally binding court document that confirms an agreement reached between two parties – typically during divorce or civil partnership dissolution – about how their finances should be divided. Once approved by the court, a consent order prevents either party from making future financial claims against the other unless the agreement is later varied.
While separating couples often make informal agreements, these are not legally enforceable without a consent order, leaving room for one party to make a financial claim years later. That means, even years after a divorce, one party could return to court seeking a financial settlement unless a formal order is in place.
A consent order gives both parties clarity, certainty and protection. It formalises things like property division, savings, pensions or spousal maintenance, helping both parties realise the financial arrangements clearly and avoid misunderstandings or risks of future claims.
If you’re going through the divorce process to obtain a clean break consent order, understanding your legal options early can help you avoid parties incurring significant legal fees later.
With or Without a Consent Order: What's Best for You?
You should consider an application for a consent order any time you’re going through a divorce or ending a civil partnership and have agreed how to divide your finances. Even if the separation is amicable and both parties are satisfied with the arrangement, the absence of a legally binding order means the agreement cannot be enforced.
Consent orders are particularly important when there are shared assets – such as a home, business, pensions or savings – or when one party is agreeing to pay ongoing maintenance. Without a court-approved order, informal promises may be disputed later.
A common misconception is that couples only need a consent order if they’re arguing over money. In reality, even if you and your ex-partner are in complete agreement, formalising the arrangement protects both of you. It also provides peace of mind that financial matters are settled and final.
Our solicitors help ensure your agreement is fair, legally sound and fully enforceable in court – whether you’re seeking to draft a proposed consent order or already have a financial agreement reached.
What Exactly Is a Consent Order?
A consent order can cover a wide range of financial issues, tailored to the needs of each individual case. Common elements include:
- Division of property (such as the family home or investment properties)
- Savings and investments
- Personal belongings of value
- Pension sharing or offsetting
- Spousal maintenance or lump sum payments
- Responsibility for debts or ongoing financial obligations
In some cases, a consent order may also include child-related financial agreements, provided both parties agree. However, the court generally prefers child maintenance to be dealt with via the Child Maintenance Service unless the arrangement is part of a broader financial agreement.
Our solicitors can draft and review consent orders that reflect your intentions clearly, avoiding ambiguity and ensuring enforceability. The legal process of concluding financial orders of divorce often requires clarity around assets like pensions, debts or spousal maintenance – ensuring both parties receive a fair split of their finances.
The Legal Process for Obtaining a Financial Order
Securing a consent order involves several steps and although the process is generally straightforward, it must be handled with care to ensure the agreement is legally valid and enforceable.
1. Agree Finances & Assets
The first step is for both parties to agree on how their finances will be divided. This can be achieved independently, through mediation or with solicitor support.
2. Draft Consent Order
A solicitor will draft your financial order to reflect the agreement in legal terms. This document must be clear, fair and detailed enough to avoid future disputes.
3. Complete Form D81
Both parties must complete a Form D81 – also known as a statement of information – disclosing their financial position. This allows the court to assess the fairness of the proposed agreement.
4. Submit to the Court
The consent order and Form D81 are submitted to the Family Court, along with all supporting documents and fee. If the court approves your proposed consent order and deems the agreement fair and reasonable, a judge will grant approval without requiring a hearing – meaning you typically do not need to attend court.
Once the consent order is approved, it becomes legally binding. A conditional order or decree nisi – and in many cases, the decree absolute – may be required to proceed with or finalise the order. The decree absolute confirms the legal end of the marriage and is often needed before a consent order can take full effect. If either party later fails to comply, the other can enforce the order through the courts.
Our solicitors handle the entire process, from drafting and disclosure to court submission – making it as seamless and stress-free as possible.
How the Court Decides if a Consent Order Is Fair
The court’s role in reviewing a consent order is not just to “rubber-stamp” it but to ensure the agreement is fair and reasonable to both parties. A judge will evaluate the proposed order using the same principles applied in financial remedy hearings, even if both parties are in agreement.
Key factors considered include:
- The length of the marriage or civil partnership
- The ages and health of each party
- Each party’s financial resources and earning capacity
- Contributions made (financial and non-financial)
- Standard of living enjoyed during the relationship
- The needs of any dependent children
If the court believes the agreement favours one party unfairly or lacks sufficient disclosure, it may request changes or additional information. Similarly, if the court consent order is unbalanced or incomplete, you could have your divorce consent order rejected or marked for dismissal purposes. This is why legal advice is essential – well-prepared documentation increases the likelihood of swift approval.
Enforcing or Varying a Consent Order After Divorce
Failure to comply could result in court proceedings or a party commencing financial proceedings.
If one party fails to comply with the terms of a consent order – such as refusing to transfer property or stop paying agreed maintenance – the other party can apply to the court for enforcement. The court can impose penalties or take further legal action to ensure the terms are honoured.
In certain cases, a consent order can be varied or changed. This may occur if there’s a significant change in circumstances, such as a job loss or health issue affecting someone’s ability to meet the original terms.
In rare cases, an unexpected event occurs soon after court approval, requiring one party to request changes.
At Osbourne Pinner, we help clients enforce or amend their consent orders when necessary, always aiming for a solution that protects your financial stability and respects the original spirit of the agreement.
What Osbourne Pinner Can Do for You
Legal Advice and Support
Our solicitors provide comprehensive legal advice on consent orders, guiding you through the process to ensure your financial agreements are legally binding..
Drafting and Reviewing Agreements
We assist in drafting and reviewing consent orders that accurately reflect your financial arrangements, ensuring clarity and fairness for all parties involved.
Court Submission and Approval
Our team manages the submission of your consent order to the court, liaising with the necessary parties to facilitate swift approval and implementation.
Transparent Fixed Fees
We offer transparent fixed-fee services with flexible options – helping you apply for a consent order efficiently and affordably.
Accurate, Stress-Free Process
Our experienced solicitors handle all aspects of the consent order process, minimising stress and ensuring accuracy at every stage.
Prompt, Personal Support
We provide prompt support, responding to enquiries within 24 hours and offering consultations at our offices or via video call.
Schedule Your Complimentary 30-Minute Consultation
Osbourne Pinner’s consent order lawyers offer expert legal advice to help you formalise your financial agreements effectively. Our divorce and family expertise ensures accuracy and consistency from consultation to final approval.
Claim your free 30-minute consultation, available in person at our offices in Piccadilly Circus (Central London), Harrow (North London), Canary Wharf (East London) or Manchester City Centre – or via video call – to discover how we can assist you in securing a legally binding consent order.
To arrange your consultation, contact us at [email protected], call 0203 983 5080 or use our online form.
- Tailored strategies for fair financial settlements
- Clear, fixed-fee structure with flexible payment options
- Claim your free 30-minute consultation
BOOK A FREE CONSULTATION
We do not offer Legal Aid.
Consent Order FAQs
A consent order is a legal document approved by the court that formalises an agreement between divorcing or separating parties regarding the division of assets, finances and, in some cases, child arrangements.
Without one, informal agreements are not legally binding, leaving room for future disputes or claims. A consent order provides legal certainty and enforceability.
Once submitted, a consent order typically takes 4 to 6 weeks to be approved by the court, provided all documentation is in order and the agreement is deemed fair.
Changes to a consent order require mutual agreement and court approval. It’s essential to ensure the initial agreement is comprehensive and fair to avoid complications.
We offer fixed-fee services for drafting and submitting consent orders. Costs vary based on complexity but we provide transparent pricing and flexible payment options. The court fee is usually separate from the solicitor’s cost.
While it’s possible to draft a consent order without a solicitor, legal expertise ensures the agreement is correctly structured, fair and has a higher likelihood of court approval. A qualified solicitor or independent family law barrister can ensure your documents meet court standards.
