Divorce Consent Orders

What is a divorce consent order?

A consent order is a court-approved document that records the financial agreement reached between divorcing parties. It may cover property, pensions, savings, debts, maintenance and clean break arrangements.

Without a formal order, an informal financial agreement may not provide the same level of protection against future claims.

When might a consent order be needed?

• You have agreed how assets should be divided.
• You want a clean break after divorce.
• Property, pensions or savings are being transferred.
• One person will pay maintenance.
• You want the agreement recorded formally.
• You want to reduce the risk of future financial claims.

What can a consent order include?

• Sale or transfer of the family home.
• Division of savings and investments.
• Pension sharing arrangements.
• Spousal maintenance terms.
• Responsibility for debts.
• Clean break provisions.
• Arrangements involving business assets.

Information often required

• Summary of the agreed financial terms.
• Details of property, mortgage and equity.
• Pension information.
• Savings, debts and income details.
• Information about children and housing needs.
• Any draft agreement already prepared.

Why proper review matters

A consent order can have long-term financial consequences. It should be clear, workable and properly reflect the agreement reached. Problems can arise where pensions are missed, maintenance wording is unclear, or the agreement does not deal with future claims.

Oakens helps gather the initial information so the matter can be reviewed before referral to a suitable family law practitioner.

Frequently Asked Questions

Is a consent order required if we agree everything?

If you want the financial agreement to be formally recognised and reduce the risk of future claims, a court-approved order is usually important.

Can a consent order include a clean break?

Yes. Where appropriate, a consent order may include clean break provisions to limit future financial claims between the parties.

Can pensions be included in a consent order?

Yes. Pension sharing arrangements normally need to be dealt with carefully and may require specific wording and supporting information.