Financial Order & Consent Order in the UK

​When a couple divorces in the UK, financial matters must be settled to ensure a clean break. A Financial Consent Order is a legally binding document that formalizes how financial assets, liabilities, and property will be divided between the two parties. There are two options:​​

​

​

Difference between Financial and Consent Order

​

1. Apply for Financial order is a court decision that resolves financial matters between divorcing or separating couples when they cannot reach an agreement themselves. It covers issues like division of assets, spousal maintenance, and child support.

2. Apply for Consent order, on the other hand, is an agreement both parties have reached on their financial matters, which is then approved by a court to make it legally binding. The key difference is that a financial order is imposed by the court, while a consent order reflects a mutual agreement.

Consent Orders

​

What is it?

A Consent Order is a legal document that details the financial agreement between divorcing or separating spouses. Once approved by the court, it becomes legally binding, meaning both parties must follow its terms. It covers:

​

• Division of Assets: Property, savings, and investments.

• Spousal Maintenance: If applicable.

• Pensions: How these will be divided.

• Debts: Allocation of debt responsibility.

• Child Maintenance: Usually handled separately but can be included if both parties agree.

 

Why important?

Without a Consent Order, either party can make financial claims against the other in the future, even years later. This order clarifies financial obligations and rights post-divorce, protecting each spouse and providing certainty.

​

Steps

1. Agreeing on Financial Terms:
   Both parties must agree on asset division. This can be done privately, through mediation, or with solicitors. If they can’t agree, they may need to go to court.

2. Drafting the Consent Order:
   Once an agreement is reached, a solicitor drafts the Consent Order to clearly outline the settlement.

3. Submitting to Court:
   The draft is submitted along with Form A and Form D81, which details both parties' financial positions.

4. Review by a Judge:
   A judge reviews the order to ensure fairness. If satisfied, the judge approves it without a hearing; otherwise, a hearing may be requested.

5. Finalizing the Order:
   Once approved, the Consent Order is legally binding, and both parties must comply.

 

Timeline

• Agreement on Terms: Can take weeks to months, depending on complexity.

• Drafting the Order: Typically takes a few days to a week.

• Submission to Court: Court review usually takes 4 to 8 weeks.

​

​​

Financial Orders​

What is it?

A Financial Order is a court-issued directive sought when divorcing or separating couples cannot agree on financial matters. This order addresses the division of assets such as property, savings, investments, and debts. It may also cover spousal maintenance and the division of pensions, though child maintenance is typically handled separately.

​

Importance of the Order

The importance of a Financial Order lies in its ability to prevent future financial claims from either party. Without it, either spouse can make claims against the other long after the divorce is finalized. This order clarifies each party's rights and obligations, offering protection and certainty post-divorce.

​

Steps

1. Filing the Application

   • One party files a request with the court, outlining unresolved financial issues. This includes a detailed financial disclosure from both parties to ensure fair consideration.

2. Court Hearing

   • A hearing is scheduled where both parties present their cases. The judge reviews the evidence and makes a ruling based on fairness and equity.

3. Drafting the Order

   • Once a decision is reached, a Financial Order is drafted, outlining the court’s determinations. This order is legally binding, meaning both parties must comply with its terms.

​

Timeline

The timeline for obtaining a Financial Order can vary, often taking several months just over a year, depending on the complexity of the issues and the need for hearings.

​

For our Turkish Family law services click here. ​

​​