A Consent Order

A consent order sets out what you would like to happen to your assets. These can include property, savings, debts, and pensions.

Once approved by the court, it is legally binding and prevents either party from making a financial claim later on (subject to certain conditions).

The order explains how you divide your assets, including property, savings, debts, and pensions. It can also include child maintenance, spousal maintenance and any lump sums. It will also set a timetable for when payments will be made or assets transferred.

As part of the application for a consent order, each party must file a statement of information.

The statement includes such information as the parties’ ages, details of any dependent children, the capital and income of the parties and whether they are in a new relationship.

With this information, the court should usually be able to determine whether the terms of the consent order are reasonable.

A consent order can also contain a ‘clean break clause’, which stops either party from having a continuing financial claim on the other. It’s worth having a clean break consent order even if you don’t have assets so that any you build up in the future (or inherit) are protected.

If you do not get a consent order, your ex can still make financial claims against you in the future (if they have not remarried) even after many years have passed, so it is important to seek legal advice in this area.