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Read our latest Financial Settlements guide (2021)

What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.

* Consent Order *

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seabz
Posted by
Junior Member

04 Mar 25 #525450 by seabz

Topic started by seabz

Hello
Can someone tell me what must be included (and what must NOT be included) in a Consent Order so as not to leave anything vital out!

thanks

.Charles
Platinum Member

05 Mar 25 #525452 by .Charles

Reply from .Charles

A consent order should contain whatever is required to reflect the agreement between the parties.

The Court agreed upon a template from which all legal practitioners should work which contains 99% of the paragraphs required to create a financial order.

The link to the template orders is at Court website where there is a zip file - SFO Volume 1. The link to the zip is here: www.judiciary.uk/guidance-and-resources/...-to-standard-orders/

In that zip is a file called "Order 2.1 - Financial Remedy Order" which is where you should start.

As you have rightly pointed out, it is important to work out what you need to exclude as well as to include. For example, if you have no children of the family, you can exclude all paragraphs relating to children.

It's quite a complex document but is simplifies the previous approach which was to begin drafting an order from scratch on every occasion.

Most people would engage the services of a lawyer to draft the order as their expertise ensures the order is fit for purpose - it's akin to instructing a surveyor to prepare a drawing for a house extension.

Charles

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