How long does a divorce consent order take?

How long do Consent Orders take? The Court can take 1-2 months to process a Consent Order application if the information provided is accurate and doesn’t require any revisions.

How long does a consent order last?

A Consent Order is like the contraceptive pill, it is 99.9% reliable. It can only be overturned if there has been fraud, a mistake or an “intervening event”. To qualify as an “intervening event”, the event must be: Soon after the Consent Order has been sealed by the Court (normally within 12 months).

Can a consent order be issued after a divorce?

Without a consent order, there is no limit to how long after the divorce this can happen. Even if you and your partner draw up an agreement between yourselves, this does not have the same effect as a legally binding financial order from the court.

When does a consent order come into effect?

You can only ask the court to approve a consent order, once the court have agreed that you can get divorced, i.e. once you decree nisi in has been pronounced. The consent order then comes into effect once the final stage of your divorce, the decree absolute, is pronounced by the court.

Can a court approve a financial consent order?

In theory you could draft one yourselves, but it may be declined or not cover you both as you want, especially if it is not worded correctly. You can only ask the court to approve a consent order, once the court have agreed that you can get divorced, i.e. once you decree nisi in has been pronounced.

Do you need a solicitor to draft a consent order?

You need to get a solicitor to draft a ‘consent order’ and ask a court to approve it – this makes it legally binding. A consent order is a legal document that confirms your agreement. It explains how you’re going to divide up assets like: money.

When to apply for a consent order in divorce?

You can apply for a consent order at the decree nisi stage of divorce proceedings. Or, anytime after the decree absolute, providing neither of you has remarried. Usually, a consent order is prepared in readiness for when the decree absolute is granted. Once the decree absolute is in place, the consent order becomes legally binding.

Can you get divorced without a financial consent order?

It is a common misconception that your finances are sorted out by the court as part of your divorce proceedings. It is quite possible to get divorced without agreeing any of the financial arrangements – although that is not recommended.