A consent order is a legally binding agreement approved by a family court that formalises arrangements made by the parties themselves. It is commonly used in cases involving child arrangements, financial settlements, or property disputes between separating or divorcing couples. Once approved by the court, a consent order has the same effect as a court order and can be enforced if either party fails to comply.
Related Questions People Commonly Ask
What is a consent order in family law?
A consent order is an agreement that is approved by the court. It acts to give legal certainty to an agreement you have reached between you and your ex about children, finances or property.
When should I apply for a consent order?
They are usually applied for when the parties have reached an agreement, for example, on financial issues or child arrangements issues, but want to formalise that agreement by getting a court order.
Does a consent order need a court hearing?
Usually, no contested hearing is required if both parties agree. The court simply reviews the application to ensure it is fair and in accordance with the law.
Can a consent order be changed later?
Yes. Either party can ask the court to vary or discharge the order if circumstances change significantly. The court must consider if it is reasonable to do so and what is in the children’s best interests (if applicable).
Is a consent order a legally binding document?
Yes. It becomes a court order when the court approves it. You can enforce consent orders like any other court order.
Do I need a solicitor to apply for a consent order?
Not necessarily, however, you should both take legal advice to check your agreement is fair and correctly drafted. Your solicitor can prepare and submit your consent order application.
How long does it take to get a consent order?
Timescales will vary from court to court, but when the consent order application is received and completed correctly, the courts will normally deal with it within a few weeks.
Can a consent order cover both finances and children?
Yes. You can make consent orders regarding child arrangements, child maintenance, property, finances or a combination of everything the court deems fair.