OLS Solicitors Blog
Do I Need a Solicitor for a Consent Order in England and Wales?
Do I Need a Solicitor for a Consent Order?
Legally, you can draft your own consent order, but the court will only approve it if the terms are deemed fair and the document meets strict legal standards. Most individuals choose to use a solicitor because they have the training and drafting skills. A consent order is a final, legally binding court order that ends your financial links to your ex-partner. Without professional drafting, you risk the “clean break” being ineffective and you could end up spending even more money to get it remedied later on.
What is a Consent Order?
A consent order is a legal document that confirms your financial agreement after a divorce or civil partnership dissolution. It covers the division of assets, property, pensions, and any ongoing maintenance. Once sealed by a judge, it prevents either party from making further financial claims against the other in the future.
The Risks of a DIY Consent Order
Attempting to draft a consent order without legal expertise can lead to several complications:
- Court Rejection: If the judge believes the division of assets is significantly unfair or the wording is ambiguous, they will refuse to seal the order.
- Incomplete Financial Separation: A poorly drafted order may fail to create a true “clean break,” leaving you vulnerable to future claims on inheritance or future earnings.
- Pension Complications: Sharing or splitting pensions requires specific technical language that is difficult to get right without a family law specialist.
How OLS Solicitors Can Help
At OLS Solicitors, we provide expert legal assistance for families across Swindon and Llanelli, as well as clients throughout England and Wales. We specialise in turning your informal agreements into airtight legal documents.
Our approach ensures that your interests are protected while keeping the process as straightforward as possible for you. Whether you are dealing with complex property portfolios or simply want the peace of mind that comes with a clean break, our expert team provides the professional oversight needed for court approval.
Frequently Asked Questions
Can I write my own consent order?
Yes, you can draft your own, but it must follow a specific legal format. The court will scrutinise the D81 (Statement of Information) form alongside your draft to ensure the agreement is equitable. Most DIY drafts fail due to technical errors in terminology.
How much does a solicitor charge for a consent order?
Costs vary depending on the complexity of your finances. At OLS Solicitors, we focus on providing efficient, cost-effective services. In addition to solicitor fees, there is a standard court fee (currently £60) to lodge the application. Our fixed fee consent order service is priced at £799+vat.
Does a judge always approve a consent order?
Not necessarily. A judge acts as a safeguard. If the agreement appears heavily weighted in favor of one person without a clear reason, the judge may ask for more information or request a hearing before approving it.
Is a consent order the same as a divorce?
No. A divorce ends the marriage, but it does not end the financial relationship. Only a consent order (or a financial remedy order) legally separates your finances and provides a clean break for you and your spouse to live financialliy independent of each other.
Secure Your Financial Future Today
Contact OLS Solicitors for expert advice on consent orders in Swindon, Llanelli, and beyond.
Call Swindon: 01793 676278 | Call Llanelli: 01554 756952
