Consent Orders Consent Orders

Why is a consent order necessary if we already agree?

An informal agreement, email exchange or signed heads of terms may not implement property and pension arrangements or close future financial claims. A consent order provides a binding and enforceable structure and can include clean-break dismissals.

The divorce final order alone does not divide finances or automatically prevent later claims.

What can a consent order include?

• Sale or transfer of the family home and other property
• Payment of lump sums, including instalments
• Pension sharing or pension attachment
• Spousal maintenance and bonus arrangements
• Orders for sale and detailed sale directions
• Responsibility for mortgages, debts and outgoings
• Transfer or retention of business interests
• Tax, costs and implementation provisions
• Clean-break dismissal of future claims
• Liberty to apply about implementation where appropriate

What is Form D81?

Form D81 is the Statement of Information for a Consent Order in relation to a financial remedy. It gives the court a summary of the relationship, children, income, property, pensions, liabilities and the financial position of each party before and after the proposed order.

Its purpose is to help the judge decide whether the financial and property arrangements are fair. Parties are encouraged to complete one joint form unless there is a good reason for separate forms. The D81 does not replace the consent order or proper disclosure between the parties.

Does a judge still have to approve the agreement?

Yes. The parties cannot simply instruct the court to seal their agreement. A judge reviews the draft order, D81 and supporting documents and considers whether the terms fall within a fair range.

The judge may approve the order, ask questions, require clarification or changes, request further information, or decline to make the order in the proposed terms. Usually this is considered on paper, although a hearing can be directed.

When can the court make the consent order?

In the usual divorce case, the court generally requires the conditional order before making a final financial consent order, subject to limited exceptions such as specified interim maintenance. The financial order normally takes effect in accordance with its terms and the applicable divorce stage.

The timing of the divorce final order should be considered carefully where pensions, inheritance or other benefits may be affected.

Is full financial disclosure still required when terms are agreed?

Yes. Each party should have sufficient, honest and up-to-date disclosure to understand the other’s financial position and make an informed decision. The D81 provides the judge with a summary, but it is not a substitute for the exchange of underlying information between the parties.

The appropriate level of disclosure depends on complexity. It may range from schedules and supporting statements to fuller voluntary disclosure equivalent to Form E. Businesses, pensions, trusts or property may need valuations.

Why is disclosure important?

Consent must be informed. Without reliable information, a party cannot properly assess whether the settlement is fair, and the judge may be unable to approve it. Disclosure also protects the finality of the order by reducing the risk of later allegations that material facts were concealed.

What happens if someone fails to disclose an asset?

Material non-disclosure can have serious consequences. The court may refuse to approve the proposed order or require further evidence. If an order has already been made, the other party may apply to set it aside where the legal test is met.

The court may draw adverse inferences, make costs orders, order further disclosure or take the concealed resource into account. Deliberately false information verified by a statement of truth may also expose the person to contempt proceedings. The precise consequence depends on materiality, intention and effect on the order.

Will every non-disclosure set aside an order?

No. The court examines whether the non-disclosure was material and whether proper disclosure would have led to a substantially different order. Minor or irrelevant inaccuracies will not necessarily undo the settlement.

However, nobody should decide unilaterally that an asset or liability is unimportant. Full advice should be taken and the information disclosed appropriately.

Can one solicitor act for both parties?

Ordinarily, each party should obtain independent legal advice because the settlement affects competing financial interests. One solicitor may draft an order on behalf of one party, but does not thereby advise the other.

Independent advice is particularly important where the agreement is unusual, one person is unrepresented, or there are businesses, pensions or trusts.

What documents are usually submitted?

• The signed draft consent order
• A completed Form D81
• The application or online consent-order submission
• Pension sharing annexes where required
• Supporting explanation or calculations where appropriate
• The court fee or fee-remission material

What if the judge asks questions?

The court may seek updated figures, clarification of housing, explanation of an unequal division, pension information or revised drafting. We answer the questions, obtain any further evidence and amend the order if required.

A judicial query does not necessarily mean the agreement will be rejected. It means the court needs enough information to perform its independent safeguarding role.

What is a clean break in a consent order?

A clean break dismisses specified future financial claims, commonly claims for income and capital between spouses. It may be immediate or take effect after property, lump sum or maintenance obligations have been completed.

The dismissal clauses must be drafted carefully. A vague statement that the parties want a clean break is not a substitute for an effective order.

Can a consent order be changed later?

Some provisions, particularly maintenance, may be variable unless claims have been dismissed or the order limits extension. Capital orders are intended to be final and can only be revisited in limited circumstances, including qualifying non-disclosure, fraud, mistake or certain exceptional events.

Implementation provisions can sometimes be clarified or enforced without reopening the substantive bargain.

What happens if the order is breached?

The court has enforcement powers for unpaid money, property obligations and other terms. Remedies depend on the breach and may include interest, charging orders, third-party debt orders, attachment of earnings, orders for sale, receivers or other enforcement steps.

Clear drafting and realistic deadlines greatly reduce enforcement disputes.

What happens once agreement is reached?

We convert the proposal into a complete draft order, check implementation and tax points, prepare or review the D81 and ensure that both parties understand the effect of the clean-break and enforcement provisions.

How long does approval take?

Timescales depend on the court and whether questions are raised. Submission through the online financial remedy consent order service may be available. The parties should not assume approval until the sealed order is received.

What should happen after approval?

Transfers, payments, sales and pension-sharing steps must be completed by the stated deadlines. The sealed order should be retained permanently with evidence of implementation.