The good news is that many couples reach an agreement without ever stepping foot in a courtroom, either directly or through mediation. Courts prefer couples to sort things out on their own and encourage using alternatives to going to court. This is known as Non-Court Dispute Resolution (NCDR).
But even if you’ve agreed everything between yourselves, there are important legal steps to take to protect both parties and make that agreement enforceable.
Family Law Partner Sarah Gill from our Market Harborough branch explains what happens once you’ve reached a financial agreement and how to make it official through a consent order.
What happens if you reach an agreement?
We would recommend that the agreement is set out in a legal document. If there are divorce proceedings this is usually a consent order. A consent order is the agreement that is submitted to the court for its approval. If the court approves it, then that is the binding agreement between you and your spouse.
How do you obtain a consent order?
The order needs to be written in a specific legal format, so you’ll usually need a lawyer to prepare it. There is another document that needs to accompany it called a ‘Statement of Information – D81’. This is a summary of both parties’ financial circumstances and sets out how the assets are divided before and after the order is implemented. This is so the court can understand the effect of the order. There will also need to be another document (called a Pension Sharing Annex) if there is a Pension Sharing Order.
After your lawyer drafts the order, they will explain it to you. If you’re satisfied, your spouse will review it. Once everyone agrees on the draft, it can be signed along with the other necessary documents.
If the order affects a mortgage or pension, the relevant company should be sent a draft and given a chance to respond. There are specific rules and guidelines depending on the type of order.
The draft order can then be sent to court with the accompanying documentation. This is usually via the court ‘portal’ rather than emailing or posting.
If the judge approves the documents, you’ll get a sealed copy and letter approving the order. The order can then be put into effect e.g. a house sold or transferred, payment made to one party, Pension Sharing Order implemented etc.
Why do I need a consent order?
A consent order gives your agreement legal force. Without one, either person could make a financial claim against the other in the future, even years after the divorce. Once approved by the court, the consent order offers both parties certainty and protection.
The process of preparing and submitting a consent order typically takes a few weeks, but court approval can take around 4 to 8 weeks, depending on how busy the court is.
In terms of cost, there is a court fee of £60 to submit the order (as of May 2025), and legal fees can vary depending on the complexity of the case and whether both parties have already agreed on the terms.
Can the court refuse to make an agreed order?
Perhaps surprisingly, the answer to this is yes! Even if you agree on everything, the Judge must still decide if the order is fair and reasonable. They sometimes will raise questions to clarify why that particular order is being sought.
It’s best to explain your reasons clearly on the D81, especially if it isn’t a 50/50 split of assets. Ultimately the court can ask the parties to attend court to explain the reasons for the order – this is more likely if one or other party does not have legal representation and there is not an equal division of assets. This can feel worrying, but it’s the court’s way of making sure everyone is treated fairly.
Although the court want to encourage NCDR it still has a duty to consider the settlement and not simply ‘rubber stamp’ what is sent to them.
If you’re considering a financial settlement, speaking to our family law experts early on can help ensure a fair and smooth outcome. Our team is here to help.
Disclaimer: This blog is for information only and does not constitute legal advice. If you need legal advice, please contact us on 03456 465 465 or email enquiries@rotherabray.co.uk to get tailored advice specific to your circumstances from our qualified lawyers.
