Getting A Consent Order in Divorce: Process and Timings in the UK

When divorcing in the UK, sorting out finances is one of the most important steps to protect yourself from any future claims from your spouse and doing it legally requires a consent order.

This article explains how the consent order process works and how long it typically takes to help you plan ahead.

1. What Is a Consent Order?

A consent order is a legal document approved by a judge that formalises your financial settlement after a divorce ensuring your ex cannot claim money from you in the future. For more information about exactly what a consent order is and what it covers, please see our other article: What is a Consent Order?

2. The Consent Order Process: Step-by-Step

a) Financial Disclosure

It all starts with swapping financial information. You cannot negotiate properly or agree on what is fair if you don't have access to all of the information before you. You should always provide full and frank financial disclosure but the level of proof required can vary depending on the level of trust between you.

In a more contested situation where, you don't believe their figures or you think they are hiding assets, a Form E exchange is normally used which is a very in depth disclosure and requires proof of everything.

For more amicable situations, the Statement of Information for a Consent Order (Form D81) can be used instead. For a more in depth look into financial disclosure you can view our article here: Financial Disclosure for a Consent Order: What You Need to Know

Financial disclosure can take anywhere from 1 week to 3 months depending on how amicable you are. If you have pensions, it can take a few months to get valuations of them which can be a frustrating delay.

b) Reach an Agreement

Before applying for a consent order, both parties must agree on how to divide all financial matters. This can be done:

• Privately between the two of you

• Through solicitors

• Via mediation or middle man

This step can be as slow or fast as you both allow. This does not mean you have to settle just to get it over and done with which is a surprisingly common attitude. You should always ensure you are aware of what you are entitled to and seek legal advice if needed.

c) Draft the Consent Order

Although you can draft your own consent order, the likelihood of it being approved is... slim to say the least. A consent order is not just a one-page, bullet-pointed set of statements that roughly outline what you have agreed. It needs to point to the correct areas of the law and ensure that the wording is legally accurate and comprehensive.

A poorly worded or incomplete consent order will be rejected by the court and they don't exactly give you any useful guidance as they just don't have the time. They will tell you to simply get it drafted properly with legal assistance and that is exactly what we are here to help you with.

Drafting a consent order doesn't have to take very long, 1-2 weeks is an average timeframe.

d) Submit Your Application to the Court

Submit your entire consent order application to court. It would take about 2 weeks for the court to process it and request the court fee. Assuming that this stage goes smoothly it will be referred to a judge and you will receive a letter informing you of this.

d) Judge Review

A family court judge will review the consent order. They’ll check whether it is:

• Fair and reasonable

• In line with both parties’ financial situations

• correctly drafted

  
  

If satisfied, the judge will seal (approve) the consent order and post a copy to each party. Typically, it takes around 2-4 weeks for a judge to review the consent order but it certainly can take longer. You can call the court for updates during this time but they won't chase anything with the judges until 10 weeks have passed in this queue.

If the judge is not satisfied, they may request amendments, further information, or a short hearing which can cause delays.

4. How Long Does It Take to Get a Consent Order In Total?

Negotiations and financial disclosure is a bit up in the air and entirely dependent on you but once you have reached an agreement, the actual drafting takes 1-2 weeks for us to draft everything for you.

When it has been submitted to court, it takes about 6 weeks on average for them to review and approve it.

If your consent order is rejected, it can take another 4-6 weeks to rectify depending on what is required. If you are called to a hearing then you will be granted a hearing date which you will need to attend which can delay things further by around 8-12 weeks.

5. When Should I Apply For A Consent Order?

The optimal time to apply is as soon as you have received your conditional order. It cannot be submitted before the conditional order has been granted.

When the conditional order is granted though, you have to wait 6 weeks before you can finalise the divorce so this is the perfect window to get the consent order done.

6. Why Get a Consent Order?

Even if you have no assets or believe your current arrangement is informal and fair, a consent order is important because it prevents future financial claims (even years later). It gives both party's peace of mind and certainty. It is also enforceable in court if either party breaches the terms.

Without a consent order, your ex-spouse could make a claim against your future income or assets, including inheritances, business proceeds or property built up with a new partner.

Get in touch with our friendly advisors today if you need help getting a consent order or want to find out about how it applies to your personal situation here.

Written by Aaron O'Toole, MSc in Law and Business

Clean Break Divorce