What is a Consent Order?
16 August 2022
A Consent Order is a legally binding court order which is issued by a court. Within divorce proceedings, the couple will look at dealing with their finances and what would be a fair settlement. They would need to deal with a process of financial disclosure so that they are giving financial information to each other. Once they have done that, hopefully that will help them to negotiate a financial settlement. Whether the agreement is reached between them or with the help of a solicitor or even a mediator, it needs to be put into a legally binding document and that is called a consent order.
The consent order can only go to court once there is a conditional order in place (previously known as decree nisi). The order is lodged online and generally a solicitor would need to prepare the consent order for the parties as it is quite a complex document. It is also accompanied by some financial information.
A judge cannot approve a consent order without a basic amount of financial information, so that they can determine whether the order represents a fair settlement between the parties.
Generally, the parties do not need to attend court when the consent order has been lodged, although if one of them is not legally represented by a solicitor, there will be a face-to-face court hearing. This is for the judge to ensure that both parties fully understand what they have agreed.
A consent order is essential to ensure that future financial claims cannot be made.
Here is a video recorded by Head of Family Law, Sharon Mckie:
Here at Taylor Bracewell our Family team are always on hand to assist with anyone considering or proceeding with divorce proceedings. Our team can be there every step of the way to ensure the overall process is as smooth as possible. To contact our family team, please call us on 01302 341 414 or by filling out our online enquiry form.
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