If the parties are able to agree a financial/property settlement, then they will need to have the agreement incorporated into a consent court order. It is normally possible to obtain such an order through the post, without the necessity for a court hearing, although, as will be seen, the court will require a few brief details
of each party’s means and circumstances to ensure that the order it is being asked to make is broadly reasonable. Note that the court does not have to make the order simply because the parties agree to its terms – if the court is not happy that the terms are reasonable, then it can refuse to make the order.
Applying for a consent order
This entails drafting the order, agreeing the draft with the other party and filing it with the court. Obviously, drafting a court order is not really something that a layperson can be expected to do, although there is an example of a simple consent order to be found in Appendix 1. If neither party has a solicitor, then one party will need to instruct a solicitor to prepare the draft order. If your spouse has a solicitor, then they may draft the order and send it to you for approval, but in view of the technicalities I would advise that you consult a solicitor before approving the draft.
Once the wording of the draft order has been agreed by both parties, it is signed by them and by any solicitors acting for either party.
The court will also require each party to complete a statement of information for a consent order form. The purpose of this form is to inform the court of each party’s circumstances, so that the court can decide whether or not the order it is being asked to make is broadly reasonable, as mentioned above. An example of the form can also be found in Appendix 1.
In addition, the court will require both parties to complete a Form A –application for ancillary relief, for dismissal purposes. This is basically an application for all types of financial/property settlement order, the point being that until such an application is
made, the court cannot dismiss those claims in the consent order (thereby ensuring the settlement is final). An example of Form A can also be found in Appendix 1. When filing this with a consent order, add the words ‘For Dismissal Purposes Only’ to the top of the front page.
Once all of the documents are ready, they are filed with the court along with the £40 court fee, which is usually shared. The court will then consider the papers and make the order if it is satisfied that its terms are reasonable. The court will date and seal the order and send copies to both sides. If the court wants any further information before making the order, it will notify the party who filed the papers.
Note that the order does not take effect until decree absolute. Accordingly, if you have not already applied for the decree absolute, you should do so now.