Frequently Asked Questions
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What Is A Consent Order?
If you’re going through a divorce you might be wondering, what is a consent order and do you need one? A consent order is a legal document that makes the agreements you and your ex-partner have reached – about finances, property and child arrangements – legally binding in the eyes of the court.
Why is a Consent Order Important?
Even if you’ve finalised your divorce, you’re still financially linked to your ex-partner unless you have a consent order in place. Without one, either of you could make a financial claim against the other at any point in the future – even years after the divorce is complete.
A judge needs to approve the consent order for it to become legally binding.
What Can Be Included In a Consent Order?
A consent order can set out :
- How money, property and pensions will be divided
- Agreements about child arrangements, if applicable
It reflects what you’ve both agreed.
How Do You Get a Consent Order?
Some couples can agree between themselves on how to split their finances, but many struggle to reach an agreement. Family Mediators can help you and your ex-partner to agree on child arrangements, how to split money, property and investments without taking sides.
Once agreement is reached, services like NFM LegalEyes can help you turn your agreements into a legally binding consent order – without the stress or cost of going through solicitors or court.
How do I get a Consent Order approved by the court?
If you and your former partner have reached an agreement about your finances through family mediation or another process, you’ll usually need to ask the court to approve a Consent Order. Once approved by a judge, it becomes legally binding.
To apply, you’ll need to:
- Have a solicitor draft your Consent Order (or prepare one if appropriate).
- Sign the Consent Order – you’ll also need two copies of the signed document.
- Complete a Statement of Information (Form D81), which provides details of your financial circumstances.
- Complete a Notice of an Application for a Financial Order (Form A).
If you’re divorcing, the completed forms, copies and the current court fee should be sent to HMCTS Financial Remedy. If you’re ending a civil partnership or applying following a legal separation, the paperwork should be sent to the court handling your case. If you’re on a low income or receive certain benefits, you may be eligible for help with court fees.
In most cases, you won’t need to attend a court hearing. A judge will review the Consent Order and, if they believe the agreement is fair, will approve it, making it legally binding.
Family mediation can help you reach an agreement without the need for lengthy court proceedings. Once an agreement has been reached, many couples choose to have it formalised through a Consent Order to provide legal certainty for the future.
Why Choose NFM LegalEyes?
Our NFM LegalEyes service takes the collaborative approach used in mediation and supports you through the legal process of formalising your agreement. It’s a simple, cost-effective way to avoid lengthy legal battles and ensure that your consent order is tailored to your unique needs.