Are consent orders always granted by the courts?

If you are going through a divorce or the dissolution of a civil partnership, you may be able to reach agreement on matters with your former partner without the need for litigation.

Your solicitor will put the terms of the agreement into a draft consent order. This is then sent to the court for approval. If the judge is happy with the draft order, it will be sealed, making a binding consent order.  

Consent orders can be made in respect of financial matters and matters relating to children. The courts much prefer that issues are dealt with by way of consent wherever possible. If you are not able to reach an agreement by way of negotiation, alternative forms of dispute resolution, such as mediation, arbitration and collaborative law, can assist you in finding an out-of-court solution. 

Do I need an order on divorce? 

It is essential to have a financial order made on divorce. Without an order, your former spouse or civil partner could make a claim against you in the future. This is because financial obligations are not ended on divorce and can only be ended by the courts making a financial order. 

Having a consent order in respect of arrangements for children can also be beneficial. It will give everyone involved a level of certainty and prevent either of you from trying to unilaterally make changes to the agreement you have reached. 

How do I get a consent order on divorce? 

Your solicitor will negotiate with your former partner’s solicitor to try to agree on the terms of the order. Once this has been done, they will prepare a draft order and submit it to the court, together with the information the judge will need to decide whether or not to approve the order. 

Does the court always approve an agreed consent order? 

If the judge feels that the consent order is not appropriate or fair, they will reject it.  

If you have both taken independent legal advice from experienced family law solicitors who have drafted the order and ensured that you understand the implications, there is a good chance that the courts will approve the order. 

Where you and your former partner have agreed on matters between yourselves, you should still ask a solicitor to draft the order for you and guide you through the legal process to give you the best chance of the order being approved. 

You will usually hear back with a decision within around six to eight weeks, depending on how busy the courts are. 

On what grounds are consent orders rejected? 

The judge will want to ensure that the terms of the order are fair to both parties and that, if the order is a financial order, both parties’ reasonable financial needs are met and the assets divided fairly. They will also check that full financial disclosure has been made before the order is agreed upon. 

If the consent order relates to your children, the judge will want to know that it is in their best interests. A range of information will be needed so that the court can check this, and your solicitor will work with you to explain what is needed and ensure that it is provided. 

The judge may need more details from you in order to consider the order, so you could receive a request for further information before the order is approved. They may also want to speak to you or your former partner and they have the authority to ask you to attend a hearing if they feel this is warranted. 

What happens if a consent order is rejected? 

 If the courts reject your consent order, you will usually receive some feedback explaining why this was. Your solicitor can then work with you to try and find a solution that will be acceptable to the court and submit a new order for consideration. 

et out who is entitled to the estate in order of preference, starting with the deceased’s spouse and children. 

If you are considering challenging a Will, we can advise you of your options and the strength of your case.   

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