Embarking on the journey of divorce comes with its complexities, especially when it comes to dividing finances. A Financial Consent Order can be the key to bringing clarity and legal finality to this aspect of the process.

In this frequently asked questions guide, we aim to demystify the concept of Financial Consent Orders, addressing common questions about their importance, content, and the process of obtaining one. Whether you’re in the midst of negotiations or just exploring your options, join us as we provide concise insights into this legal tool designed to bring financial resolution and peace of mind to those navigating the complexities of relationship breakdowns.

What is a Financial Consent Order?

A Financial Consent Order is a legally binding document that formalises the financial agreement reached between divorcing or separating couples. It outlines how assets, debts, and financial matters will be divided between the parties.

Why is a Financial Consent Order important?

Having a Financial Consent Order provides legal finality and prevents future financial claims between the parties. It offers a clear and enforceable framework for the division of assets and financial responsibilities.

When is the right time to obtain a Financial Consent Order?

It’s advisable to obtain a Financial Consent Order after reaching a mutually agreed financial settlement with your ex-partner. This is typically done after divorce proceedings have commenced or when the relationship has officially ended.

What can be included in a Financial Consent Order?

A Financial Consent Order can cover various aspects, including the division of property, assets, debts, maintenance payments, pension arrangements, and any other financial matters agreed upon by the parties.

How is a Financial Consent Order obtained?

To obtain a Financial Consent Order, both parties must agree on the financial settlement terms and then submit the agreed-upon terms to the court. The court will review the agreement and, if fair, will issue the order.

Download our information sheet on the process for agreeing a financial order here.

Is a Financial Consent Order legally binding?

Yes, a Financial Consent Order is a legally binding document once approved by the court. It prevents either party from making future financial claims against the other, providing legal security.

Can a Financial Consent Order be changed after approval?

Once a Financial Consent Order is approved and sealed by the court, it is final and legally binding. Changes can only be made under exceptional circumstances, and legal advice is essential in such cases.

Do I need a lawyer to obtain a Financial Consent Order?

While not mandatory, seeking legal advice is highly recommended to ensure the agreement is fair, comprehensive, and complies with legal requirements. Legal professionals can help draft and submit the order to the court.

How long does it take to obtain a Financial Consent Order?

The timeline varies, but obtaining a Financial Consent Order typically takes a few months. Delays may occur based on court processing times and the complexity of the financial settlement.

What happens if a Financial Consent Order is breached?

Breaching a Financial Consent Order is a serious matter and may result in legal consequences. The innocent party can take legal action to enforce the order, potentially leading to financial penalties or other remedies.

How much does it cost to get a Financial Consent Order?

Our fees for assisting you will usually be charged at an hourly rate, together with VAT and disbursements. We will be able to advise you of a costs estimate at your initial appointment.

Where your circumstances are suitable for a fixed fee, our fixed fees for financial consent orders start at £1,250 plus VAT at 20% – total £1,500.

There is also a Court fee to pay.

Remember, while these answers provide general information, seeking legal advice specific to your situation is crucial when considering or obtaining a Financial Consent Order.