When couples separate or divorce, a consent order can be used to legally record how they’ve agreed to divide their finances. It turns a private agreement into a binding court order, offering peace of mind.
Understanding the Role of a Consent Order in Divorce
A consent order is a legal document that sets out how a divorcing couple will handle their finances. It’s approved by a court and can cover a wide range of matters, including property ownership, pension sharing, savings, debts and ongoing maintenance payments. MoneyHelper has a guide on what pension sharing is. The court will only grant the order if both parties agree to the terms and the judge believes it’s fair.
Is a Consent Order Legally Required?
It’s possible to get a divorce without applying for a consent order – but doing so leaves both parties financially vulnerable in the future. Without a court-approved order, either person could make a financial claim years after the divorce is finalised. By making the agreement legally binding, couples can protect themselves from unexpected claims – and family law solicitors London like bridgelawsolicitors.co.uk/divorce-and-family-law-solicitors/london can help ensure everything is done correctly.
How the Process Works
To apply for a consent order, the couple must first agree on how they’ll divide their assets and finances. Once an agreement is reached, a solicitor typically drafts the document and submits it to the court for approval. Alongside the order, both parties must provide a ‘Statement of Information’ – a summary of their financial circumstances – so the judge can assess whether the terms are reasonable and fair.
How Long Does Approval Take?
Since 2022, consent order applications are submitted through an online portal, which has made the process more straightforward. On average, it takes around three to four weeks for a judge to review and approve the application, though times may vary depending on the court’s workload.
Final Thoughts
Making financial arrangements legally binding through a consent order is a sensible step for couples going through a divorce. It helps to avoid future complications for both parties.