Consent Order Solicitor

A private understanding and a financial consent order are not interchangeable. The order draws its authority from the court, which must assess the arrangement rather than simply record the parties' signatures.

The proposed terms need to identify what is to happen and which financial claims are addressed. A promise not to seek money later is not a substitute for carefully drafted dismissal provisions where appropriate.

• Understanding financial settlements

Both parties must provide full and frank financial disclosure. The court needs enough information to assess the proposed result, even when neither person objects. An agreed figure does not justify withholding a relevant asset or liability.

Form D81 provides financial and other information to support the application. It is separate from the draft order: one explains the circumstances and the other sets out the legal terms sought. Check figures, explanations and any changes before signing.

• The agreed draft terms and details of the divorce proceedings.
• Information about each person's resources, income and financial position under the proposal.
• Relevant pension documentation and explanations needed to understand the arrangement.

• HMCTS: statement of information, Form D81

For an ordinary financial consent order on divorce, approval cannot be given before the conditional order. GOV.UK recommends addressing approval before the final order because waiting can have financial consequences, particularly for pensions.

Do not treat the divorce final order as a deadline after which no financial application is ever possible. The appropriate steps depend on the circumstances, and delaying can create risks. Check when each financial provision can take effect and whether pension-specific requirements apply.

• Divorce stages
• Court approval of financial agreements

The application needs the proposed order, evidence of agreement and the required financial information. Rule 9.26 sets out the statement-of-information and signature requirements; pension provisions have additional procedural rules. Use the current HMCTS forms and submission instructions.

A judge considers the proposal. There is usually no attendance requirement for a consent application, but the court may ask questions, require changes or direct attendance. Agreement between the parties is not a guarantee of approval.

Legal drafting should deal clearly with payment amounts, transfers and responsibilities rather than leave important steps to an informal understanding. If the court raises questions, respond to the actual concern and update the evidence where needed.

• Family Procedure Rules: financial remedies

Keep the approved order and check what needs to happen, when and by whom. Property and pension steps may require further documents or cooperation from third parties. Approval does not itself complete every administrative task.

Distinguish enforcement, an application to vary an eligible provision and a challenge to the original order. They are not the same remedy. The Supreme Court's Sharland decision illustrates why fraudulent non-disclosure can undermine a financial settlement; an order should not be described as impossible to challenge.

• Supreme Court: Sharland v Sharland

You can ask Highfin about reviewing proposed terms and the work needed for a financial consent application. Identify whether you need advice on the settlement itself, drafting, submission or responding to court questions; these are different tasks.

Where disclosure is incomplete or terms remain disputed, resolve that issue rather than treating the application as a form-filling exercise. Legal fees and the court charge are separate and must be checked; no fixed fee or approval timetable is stated here.

• Financial settlement advice
• Family Law services