Good Divorce Week - Converting to a Court Order

Where spouses and former spouses have reached a financial settlement dividing aspects of their income, assets, property and pensions, it is important that such agreement be recorded in a correctly drafted Court Order, referred to as a Consent Order.

Spouses and former spouses may reach an agreement utilising a number of avenues of resolution including:

1. Direct discussions

2. Engaging in mediation

3. With the assistance of Solicitors

4. Using Collaborative Lawyers; and/or

5. Using arbitration

Where a Consent Order, a document reflecting the agreement reached between parties is required to be drawn up, it is highly advisable that this is undertaken by a specialist family law solicitor. 

Generally, the solicitor for one spouse will draft the Consent Order to then be sent to the other party’s solicitor for consideration and comment. 

Where only one spouse has engaged the services of a family law solicitor, then the draft Consent Order will be sent to the other spouse (referred to as a layperson) for consideration and comment.  It remains for the lay party to decide whether they wish to seek independent legal advice or not but of course, it is recommended that a family law solicitor for one spouse cannot give the other spouse any legal advice on the law or procedure. 

Together with a Consent Order, the court requires spouses to complete a Statement of Information Form, detailing their finances in brief and a breakdown of the settlement in monetary terms. 

Once a Consent Order is agreed upon and signed it can be sent to the court. A court fee is payable which, generally, is shared between the spouses. 

A Judge will then consider the content of the Consent Order against the Statement of Information Form and make a decision whether to approve the financial agreement reached between the parties.  If approved, the agreement / Consent Order becomes a binding Court Order.  If a Judge does not approve the Consent Order, it remains to unbind in its entirety.  A Judge may seek further clarification from the parties before approving the agreement. 

Once approved, each party will receive a copy of the Consent Order stamped by the court. Following the approval, the parties will need to take steps to implement the Court Order.  

During Good Divorce Week 2022, Resolution and its members are raising awareness of the Family Court crisis. There is a large and growing backlog of cases currently being dealt with by an over-stretched Family Court system. 

All of our solicitors are members of the group Resolution. Collectively we strive to resolve matters in a constructive and non-confrontational manner as we work towards an amicable divorce. 

Typical UK divorce has changed with the addition of no-fault divorce. Should you wish to discuss issues concerning divorce, children or finances, please do not hesitate to contact me. You can call me on 01268 824938 or contact me via email at muntech.kaur@birkettlong.co.uk. 

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