What Information Do I Need for a Consent Order in England and Wales?

When going through a divorce, one of the most important steps in formalising your financial separation is obtaining a consent order. This legal document ensures that both parties are protected, and the financial agreement is legally binding. In this article, we’ll explore what a consent order is, what information is required, and how you can prepare for the process in England and Wales.

What Is a Consent Order?

A consent order is a legal document that sets out the financial arrangements agreed upon by both parties during a divorce. It typically covers how assets like property, savings, pensions, and debts are divided. It may also include child or spousal maintenance payments. Without a consent order, your ex-spouse could make financial claims against you in the future, even after the divorce is finalised.

Both parties must be in full agreement on the financial settlement for a consent order to be submitted to the court. Once approved, it becomes legally binding and protects both parties from future financial claims.

Basic Information Required for a Consent Order

To start the consent order process, the following basic details are needed:

• Full Names, Addresses, and Dates of Birth: You must provide full names, addresses, and dates of birth for both parties as they appear on the divorce application.
• Dependent Children: If there are dependent children under the age of 18, their names, dates of birth, and living arrangements must be provided. This information ensures the court considers any financial arrangements that may be needed for the children.
• Divorce Case Number: You must have started divorce proceedings and been granted a conditional order (previously known as a decree nisi) before submitting a consent order. The court will need your divorce case number to process the consent order.

Financial Disclosure

Financial disclosure is an essential part of the consent order process. Both parties must declare their financial situation to ensure transparency. The court only requires total figures for savings, pensions, and debts, but you must calculate these totals by knowing the details of each individual asset or liability.

1. Property Information

• Address: Provide the full address of any properties owned.
• Equity: Declare the capital or equity in each property. To calculate equity, subtract the remaining mortgage balance from the property’s current market value. You can check the property’s value through online estimates or professional appraisals.
• Mortgage Information: The court will need to know the names on the mortgage, the mortgage provider, and the account number. These details can be found in your mortgage agreement or by contacting your mortgage provider.
• Ownership: Specify the ownership structure of each property—whether it’s jointly owned or held by one party.

2. Savings and Investments

For savings and investments, the court only requires a total figure. However, you must still know your individual accounts to calculate this total. This includes:

• Savings Accounts and ISAs: Gather the balances of all savings accounts, ISAs, or other tax-free savings.
• Investments and Cryptocurrency: Include investments in stocks, bonds, or cryptocurrency. Most financial institutions provide statements or online portals where you can access this information.
• Jewellery and Valuable Assets: Include high-value items such as jewellery or collectibles that can be considered assets.

3. Pension Information

Pensions are often one of the most significant assets in a marriage, and both parties need to disclose the total value of their pensions. The court only requires a total pension value.

• Private Sector Pensions: Pension providers can typically provide you with an up-to-date value.
• Public Sector Pensions: For those with public sector pensions (e.g., NHS, teachers, police, military), obtaining the Cash Equivalent Transfer Value (CETV) can take time. These pensions require special calculations because future payouts are covered by taxpayer funds.

Important: If you have a public sector pension, act now by informing your HR department that you are getting a divorce and need your CETV. This step is crucial to avoid delaying your divorce because it is advisable to delay applying for a final order (decree absolute) until your financial settlement is approved by the court.

4. Non-Mortgage Debts

You need to provide a total figure for your debts. However, to calculate this, you must know the balances of each credit card, loan, or store card.

• Credit Cards, Loans, and Store Cards: Provide the outstanding balances for each of these debts. You can usually find this information in your statements or by contacting the creditors.

5. Monthly Income

Both parties need to disclose their monthly income. This includes:

• Earnings from Employment: Provide payslips or tax returns (for self-employed individuals).
• Other Sources of Income: Include income from pensions, benefits, or rental properties.

The Court’s Approval Process

After submitting the financial disclosure, the court will review the D81 Statement of Information, which details the financial position of both parties before and after the terms of the consent order are executed. This includes future arrangements, such as property sales, lump-sum payments, or pension transfers.

The court uses this information to ensure the agreement is fair and equitable.

What Is a Fair Agreement?

While a 50/50 split of marital assets is the starting point for many agreements, the court considers factors such as the length of the marriage, earning potential, and future needs. Fairness doesn’t always mean an equal split; assets can be offset. For example, one party might keep the family home while the other retains savings or pension value.

Agreement on Assets and Liabilities

The consent order needs to clearly outline how assets and liabilities will be handled:

• Property Sales and Transfers: If a property is being sold, specify how the proceeds (the money left after paying off the mortgage) will be split. If one party is buying out the other, indicate how this payment will be funded, such as through a remortgage.
• Pension Transfers: If pensions are being divided, the amount is usually shown as a percentage on the P1 pension transfer form, as the value of pensions can fluctuate.
• Lump Sum and Periodical Payments: Specify any lump-sum payments or ongoing payments for children or spousal support.

Small-value items like household goods and cars are covered by clean break clauses, meaning that whoever currently possesses these items retains ownership, and the other party cannot make future claims against them.

Legal Advice and Reaching an Agreement

It is important to state whether either party received legal advice during the agreement process. Legal advice, especially from a solicitor, ensures that both parties understand the implications of the consent order.

Couples can reach an agreement in several ways:

• Between Themselves: This is the simplest method but may leave one party vulnerable if they don’t fully understand their rights.
• Mediation: While mediation is a common way to reach agreements, it doesn’t always guarantee a fair outcome. Some mediators have little legal knowledge, and their primary goal is to reach an agreement, not necessarily a fair one. This could result in one party receiving less than what they’re entitled to.
• Negotiation Between Solicitors: Solicitor-led negotiations can protect your interests, but they often increase conflict and costs, as each solicitor is focused on securing the best outcome for their individual client. This approach can be especially problematic when children are involved, as it may not prioritise the family’s overall well-being.

What If the Agreement Isn’t Fair?

If the financial agreement seems unfair on the surface, the couple must explain why they believe it to be fair. For instance, the couple may have already sold the family home, and one party has been prudent with the proceeds while the other has spent their share. In this case, it wouldn’t be fair to penalise the party who saved their money.

Conclusion: Take the Next Step with Easy Online Divorce

At Easy Online Divorce, we make the process of obtaining a consent order as straightforward and stress-free as possible. Whether you’re looking for a simple clean break or need to divide more complex assets, we offer a range of consent orders to suit your needs:

1. Clean Break Order (£399): Suitable for couples with no children or significant assets.
2. Consent Order (£499): Covers property transfers, lump-sum payments, and house sales.
3. Pension Sharing Consent Order (£599): Ideal for couples who need to divide pensions.
4. High Net Worth Consent Order (£899): Designed for those with assets exceeding £1.5 million.

We also offer a Free Consultation to help you better understand the process and guide you toward the right solution. Take action today to protect your future and avoid any financial disputes down the line.

Book your free consultation now or purchase one of our consent order services to finalise your divorce smoothly.