What is a consent order and do you need one?

You've sorted out who gets what. Perhaps at the kitchen table, perhaps at mediation, perhaps through solicitors. Either way, it's agreed.

Here's the part that catches people out. That agreement, on its own, isn't binding. Until a court approves it, either of you can change your mind. And either of you can come back for more, sometimes years later, long after you thought it was behind you.

A consent order is what prevents that.

What is a consent order?

It's a court order that sets out the financial agreement the two of you have reached and makes it legally binding.

What you've agreed is written up properly, sent to the court, and looked at by a judge. If they're satisfied it's fair, they seal it. From that moment it stops being a private understanding between you and becomes something the court will enforce.

It's a short document for something that does so much. But it's the difference between an agreement you hope will hold and one that will.

Doesn't the divorce sort the money out?

No, and this catches a lot of people out.

The divorce ends the marriage, nothing more. It doesn't divide anything between you, and it doesn't stop either of you making a financial claim against the other in future. Those claims stay open unless a court order closes them.

Which means you can be divorced, properly moved on, in a new home with savings of your own, and still find your ex-partner is able to make a claim against you. It isn't common. But we have seen it, and by the time it happens there's very little that can be done about it.

We've already agreed everything. Do we still need one?

Yes. In fact that's precisely the moment it matters.

An agreement between the two of you isn't binding, however amicably you reached it and however carefully you wrote it down. The same is true of an agreement reached at mediation. Mediation is often an excellent way of getting there, and we'd encourage it where it suits you, but the document that comes out of it isn't a court order and it doesn't close anything off.

The consent order is what turns the thing you've agreed into the thing that holds.

You've done the difficult part. This is the short, relatively inexpensive step that protects it.

What can it cover?

Whatever you've agreed about the finances. For most couples that means the family home, and any other property. It often means pensions, which are frequently worth more than people realise. Savings, investments, a business, vehicles, possessions, and any debts between you.

It can also deal with spousal maintenance, meaning ongoing payments from one of you to the other, or record a clean break where neither of you makes payments and all future claims come to an end.

Child maintenance usually sits outside all this and is handled separately, though there are circumstances where it can be included.

Will we have to go to court?

Almost certainly not. The paperwork goes in, a judge reads it, and that's usually the whole of it. Most couples never see the inside of a courtroom.

We mention it because the phrase "court order" puts people on edge, and understandably so. In this context it really is an administrative step rather than a hearing.

Will the judge simply approve what we've agreed?

Not automatically, no. Their job is to be satisfied the agreement is broadly fair to both of you, and that any children's needs are met.

The great majority are approved without any difficulty. Occasionally a judge raises a query, or sends something back to be explained. That tends to happen when an agreement looks lopsided on paper, or when the information in front of them doesn't show why you've both settled on it.

It's one of the reasons proper financial disclosure comes first. Without knowing what each of you actually has, neither of you can be confident the agreement is fair, and the court can't be either.

How long does it take?

Drafting is usually quick once you've agreed terms and exchanged disclosure. After that it sits with the court, and how long that takes depends on how busy they are. It isn't something anyone can promise you a date for.

What we can do is make sure the application is right first time. Most delays we see come from paperwork going back and forth, and that's avoidable.

One point on timing worth knowing: the order can be approved once the conditional order has been made in your divorce, but it doesn't take effect until the final order is granted.

What does a consent order cost?

There's a court fee of £62. That goes to the court rather than to us.

Then there's the work of drawing it up. This is one of the areas where we can often agree a fixed fee, particularly if you've come out of mediation with an agreement and simply need it recorded properly. We'd want to understand a bit about your case first, so do ask.

It's worth keeping the figures in proportion. Set against what it protects, and against what an argument in five years' time would cost, it's a small sum.

Could we use one solicitor between us?

If you're separating on reasonably good terms, yes. Separating Together is our one couple, one solicitor service. You work with a single solicitor instead of one each and share the cost between you.

It doesn't suit every situation, and we'd rather tell you that at the outset than let you discover it later. Where there's real conflict, where there are concerns about domestic abuse or about the safety of children, or where one of you isn't prepared to be open about the finances, the usual route is the right one.

Can it be changed afterwards?

Once the court has sealed it, it's very difficult to unpick. That's rather the point.

Some parts can be revisited if circumstances change substantially, spousal maintenance in particular. The capital arrangements, like who keeps the house, are generally final.

Which cuts both ways. It's why it matters that you understand what you're agreeing to before you sign, rather than afterwards. A consent order is meant to last.

And if we can't agree?

Then this isn't the right route yet, and that's alright. Plenty of couples get there in the end with some help, and there are several ways of reaching an agreement short of asking a judge to decide.

Most cases never reach that point. Where things can be resolved out of court, that's what we'll aim for. Where court is genuinely necessary, we'll tell you so honestly and represent you properly.

Where should we start?

With knowing where you stand. What there is to divide, what a fair outcome looks like in your particular circumstances, and what you might be giving up without realising it.

Our first appointment is a fixed fee of £200 plus VAT (£240). You'll have dedicated time with an experienced family law solicitor, your position explained in plain terms, and an honest answer about how much of this you actually need us for. If a consent order is all you need, we'll say so.

To book, or simply to talk it through first, please call us, email us or visit our contact page.

Kate Jackson leads the family law team at Nicholsons and advises regularly on financial settlements and consent orders for clients across Norfolk, Suffolk and beyond. If you'd like to speak to Kate directly, please call 01603 558 713 or email kjackson@nicholsonslaw.com.