Split your finances with your former-spouse and legally protect yourself from any future claims

Can I get a consent order after we have divorced?

Yes, you can get a consent order after a divorce. Although, the best practice is to finalise your financial arrangements before your final order or decree absolute. Just remember that ownership of any assets can be disputed at any point after the divorce unless you have a court-approved consent order in place. Some couples part on good terms, with agreements in place, only to find themselves in a very different situation when one of them meets a new partner.

What is the difference between a financial consent order and a separation agreement?

A financial consent order is a legally binding agreement approved by a judge. If your former spouse doesn’t meet their obligations as agreed in your consent order, the courts have the power to enforce it.

A separation agreement, on the other hand, is drafted by a solicitor and signed by both parties but is not legally binding. To enforce it, you would have to go to court and apply for a contested financial order (which costs thousands), so a separation agreement from a legal point of view isn’t worth the paper (or rather the solicitor costs) it’s written on.

A separation agreement can be helpful for some couples, especially those who want help to set boundaries in the early days of separation. If you feel like you need a separation agreement, you might find it more helpful to go to mediation which will be much more cost-effective.

How do we reach an agreement on our financial consent order?

You can agree on the details of your consent order between yourselves through mediation or solicitor-led negotiation. If you can’t agree, you can ask the court to decide for you.

Deciding between yourselves is the least expensive option, but it does require openness and a willingness to cooperate. Meditation is a very effective way to reach an agreement for couples having difficulties. Although mediation is likely to cost somewhere in the region of £500, it is still less expensive than using a solicitor or going to court.

In some situations, a solicitor or court is needed. However, be aware that a court will expect you to have at least tried mediation. Solicitors are very useful in some situations but be mindful that their business model is to charge by the minute, usually in 15-minute blocks – this means there is a natural conflict of interest between making money for the firm and resolving issues quickly.

If you do have to go down a solicitor route, make sure that you are clear on what you want your outcome to be. If that is to resolve your divorce and finances quickly and as smoothly as possible, be cautious if your solicitor displays an overly aggressive approach to negotiation.

Does who was to blame for the divorce impact our financial agreement?

Except in rare circumstances, such as murder or gambling addiction, who was to blame for its breakdown does not affect the division of assets. Divorce and financial orders are two separate cases. And now, with the new no-fault divorce law, neither party has to blame the other. Instead, a statement is made that the marriage has irretrievably broken down.

Is Child Maintenance included in a financial consent order?

Many spouses want to include child maintenance in a financial consent order to demonstrate proof of income to help them get a mortgage or a rental agreement.

Child maintenance can be included in a financial consent order, but it is only legally binding for 12 months. After this time, the Child Maintenance Service (CMS) has jurisdiction over enforcing child maintenance, including calculating the amount due. Decisions by the CMS override any agreement that you previously made between you.

I’m divorced/I’m divorcing under the old law – under which law should I get a consent order?

Fundamentally, the law regarding consent orders hasn’t changed. What has changed is the trigger to allow you to submit your consent order to the court. To send your consent order to the court for approval, you must have at least been permitted to divorce. This is known as a conditional order under the new no-fault divorce system (decree nisi under the old law). You can ask the court to approve your consent order as soon as you have either of these.

What is a Form A and Form A1?

One of the most confusing parts of the new no-fault divorce process is the page after being asked if you want a financial order. Titled ‘How to apply for a financial order’, it says you need to complete another form (Form A or Form A1) and pay the additional fee. This is misleading. A Form A (notice of intention to proceed with an application for a financial order) is for a couple in agreement, but if you are using an online service such as Easy Online Divorce that files directly into the court department’s systems, you don’t need to complete a Form A.

Similarly, if you have a contested financial agreement, you need to complete a Form A1 (notice of intention to proceed with an application for a financial remedy), but again, if you have to go down this route, you will need a solicitor to help you, and they will complete the form A1 for you.

Will the court always agree with our financial consent order?

No, the court doesn’t blindly approve consent orders, and they can question the fairness of your agreement. The consent order process is voluntary between a couple, so the court won’t force you to do something if they disagree with your order. But they will ask questions or ask you to consider certain agreements to ensure that a person in a weaker position is fully aware of the implications of the order.

We hope our FAQ has answered all your questions about consent orders. If you have a question we haven’t covered or need further clarity, please email us or book a call back here.

If you are ready to proceed, you can order your consent order by clicking the button below.