Turning an agreed financial settlement into a court-approved order with clear, practical support.
Reaching an agreement about finances after divorce or dissolution is an important step, but it is not usually the end of the legal process. It is advisable to ask the court to approve that agreement in a consent order so that the terms are formally recorded and made legally binding.
At Arthurs Solicitors, we help clients who have already reached agreement, whether directly, through an alternative form of resolution such as mediation, or via solicitors; to put that agreement into the correct legal form, prepare the paperwork and guide them through the court approval process with clarity and care.
What is a consent order?
A consent order is a court order that records the financial agreement reached between separating spouses or civil partners. It is essential where the parties have agreed how finances should be dealt with and want that agreement approved by the court. This can include matters such as property, savings and investments, lump sums, periodical payments (often referred to as maintenance)and pensions.
Why a consent order matters
Many clients assume that once an agreement has been reached between them, nothing more is needed. However, it is important to formalise the agreement properly because not only will the consent order outline the agreed terms, it will also address the dismissal of future claims between the parties, in full and final settlement. A consent order allows the agreed terms to be placed before the court for approval and once approved, the terms will become legally binding. When the final order is granted in divorce proceedings, the terms of the consent order will become enforceable. Therefore, the consent order affords parties finality and financial protection.
The court also requires financial information, usually through Form D81, so it can consider whether the proposed settlement appears fair.
At Arthurs Solicitors, we explain this process in straightforward terms. We know that clients are often relieved to have reached agreement and want the next steps handled efficiently and with as little stress as possible. Our role is to translate the agreement into the correct legal format, make sure the supporting documents are in order and guide you through submission to the court.
When a consent order may be suitable
A consent order may be appropriate where:
- both parties have already reached agreement about finances;
- the terms can be clearly set out in draft form;
- the matter arises out of divorce or dissolution;
- the case does not require the court to resolve a live dispute about financial division.
Our approach
At Arthurs Solicitors, we understand that clients want this stage to feel clear, proportionate and professionally managed. By the time clients ask us to help with a consent order, they often want reassurance that the paperwork is being handled properly and that the agreement will be presented to the court in the correct way. We provide practical guidance, careful drafting and a supportive service throughout.
We will:
- review the terms of the agreement;
- advise whether the matter appears suitable for a consent order;
- draft the consent order;
- prepare or assist with the supporting paperwork, including the statement of information;
- arrange for the papers to be submitted to the court once the case is at the right stage
Timing and process
We guide clients through the timing of the application and explain what needs to happen before papers are submitted. Our aim is to make the process as straightforward and manageable as possible.
When a fixed-fee consent order service may not be appropriate
Not every case is suitable for a straightforward fixed-fee consent order service. Where there is no agreement, where the asset structure is complex, where there are significant pensions or business interests, where one party has not provided proper financial information, or where negotiations are still ongoing, more detailed advice and wider financial remedy work may be needed.
At Arthurs Solicitors, we are transparent about this. If your matter falls outside a straightforward agreed case, we will explain that clearly and advise on the most appropriate next step.
Understanding the Remarriage Trap
Remarrying before a financial agreement has been approved by the court can permanently remove your right to make certain financial claims against your former spouse. These claims may include spousal maintenance, a lump sum, or a share of property from the previous marriage.
This is often referred to as the remarriage trap. Once the final divorce or dissolution order has been made (previously known as the decree absolute), a person who remarries or enters into a new civil partnership may lose the ability to apply for a financial provision order or property adjustment order against their former spouse; it is therefore important to enter into a financial agreement by way of a Consent Order if possible, before remarrying.
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