Financial Remedy Order by Consent: An Efficient Solution for Amicable Financial Settlements in Divorce

Author – Dafina Morina, Family Law Legal Consultant

During the process of divorce or dissolution of a civil partnership, managing financial division can seem daunting. For many, an amicable agreement can be achieved without the need for court battles—saving time, money, and stress. This is where a Financial Remedy Order by Consent, often known as a Consent Order, becomes essential. In this guide, we explain the benefits of a Consent Order, the importance of financial disclosure, and how it safeguards your financial future.

The Advantage of Settling Financial Matters Out of Court

Resolving financial matters outside the courtroom offers numerous advantages, including flexibility, privacy, and efficiency. If you and your ex-partner can reach a mutual understanding on dividing assets, debts, and future financial support, a Consent Order can formalize your agreement, making it legally binding. With a Consent Order, you maintain control over decisions rather than leaving it up to the court, allowing you to create a solution that truly reflects your needs and goals.

What is a Consent Order in Divorce?

A Consent Order is a legally binding court document that outlines financial arrangements reached by mutual consent. It covers essential aspects like property division, savings, pensions, debts, and any ongoing financial obligations like spousal or child maintenance. After both parties come to an agreement, the Consent Order is presented to the court for review to confirm its fairness and clarity. Once the judge approves and seals it, the Consent Order gains legal enforceability.

Financial Disclosure: A Vital Step Before Consent Order Submission

To ensure fairness, both parties must fully disclose their financial circumstances before a Consent Order is approved. This step, known as financial disclosure, involves sharing accurate details about:

Income (salaries, bonuses, dividends)
Assets (property, savings, investments, pensions)
Debts (loans, mortgages, credit card balances)
Expenditures (living costs, other financial obligations)

Transparency in financial disclosure is important to the court’s review process. If the court finds that either party has withheld or misrepresented information, it may reject the Consent Order, emphasizing the need for a complete and honest exchange.

The Consent Order Process

The process for applying for a consent order involves several steps and typically requires the assistance of a solicitor. Here is an outline of how the consent order process works:

Drafting the agreement. Both parties must agree on the division of assets and financial responsibilities.
Filling out the required forms.
The drafted consent order, along with the necessary forms, is submitted to the court for approval. Once the application is submitted, both parties will need to wait for the court to review the agreement.
A judge will review the consent order and assess whether the agreed terms are fair and reasonable for both parties. If the judge finds the terms satisfactory, they will seal the order, making it legally binding. If the judge has concerns, they may request additional information or suggest modifications to the agreement.
Once the consent order is sealed by the judge, both parties are bound by its terms. The order provides enforceable terms on asset division and financial responsibilities, ensuring both parties adhere to the agreement.

What Happens After a Consent Order is Sealed by the Judge?

Once the judge seals the consent order, it becomes legally binding, meaning both parties must adhere to the terms. If either party fails to comply, enforcement measures can be taken, including potential court intervention to ensure adherence.

How Long Does a Consent Order Take?

The timeframe for obtaining a consent order can vary depending on factors such as the court’s caseload and the complexity of the financial arrangements involved. The process generally takes several months.

The process may be faster if both parties have submitted all required documents and the judge is satisfied with the proposed terms. However, if the judge raises concerns or requests additional information, it could extend the timeframe. For this reason, it is essential to work with an experienced solicitor to ensure the application is complete and accurate, helping to expedite the approval process.

Benefits of Submitting a Financial Order by Consent

Once approved by the court, a Consent Order offers significant benefits:

Finality and security. A Consent Order resolves financial matters conclusively. Neither party can pursue further financial claims, offering lasting peace of mind.
Enforceability. Should either party fail to comply with the Consent Order’s terms, it can be enforced by the court, ensuring adherence to the agreement.
Cost and time efficiency. Avoiding court battles saves both time and money, sparing you from the stress of drawn-out legal proceedings.
Tailored solutions: Consent Orders allow for agreements customized to both parties’ needs, unlike court-imposed decisions that may be more rigid.

Why Choose Our Legal 500 Family Law Team?

As a UK Legal 500 law firm, our family law specialists are dedicated to helping clients reach fair, amicable financial arrangements efficiently. We guide you through the entire process — from initial negotiations to financial disclosure and drafting a Consent Order — ensuring that your agreement is robust, transparent, and legally sound. With our expertise, you can move forward with confidence, knowing that your financial interests are protected and that your experience with us will be straightforward and supportive.