How long does a consent order take?
There is no surprise that the most frequently asked questions we receive come in the form of “how long” or “how much”.
So, this post will give you everything you need to know about the length, process and costs of a consent order.
What is a consent order?
A consent order requires the consent of both parties and states how the finances should be divided after a divorce. You cannot send a consent order to court until you are fully divorced and have a decree nisi.
Haven’t achieved this yet? Check out our website to get the process started.
Both parties draft a consent order that includes their agreed terms of their financial settlement. You will be asked to provide a complete picture of your finances for the court; this is mandatory in all cases.
You will be asked to provide a complete picture of your finances for the court; this is mandatory in all cases.
This includes property, pension and income from both parties involved.
Once this document has been completed it then goes before a judge who checks to see if it’s legally acceptable.
So, how long will it actually take?
Timings for consent orders can vary depending on a few factors. If the order is very straightforward the court normally takes 3-4 weeks for the application to be processed. (this can vary depending on which court you use, some large areas such as London may have a longer timeframe).
If the consent order is very straightforward the court normally takes 3-4 weeks for the application to be processed. this can vary depending on which court you use, some large areas such as London may have a longer timeframe).
This can, however, vary depending on which court you use, some large areas such as London may have a longer timeframe.
If the judge deems the agreement to be fair the judge should approve it with needing to speak with either party.
However, if the judge believes there are issues within the agreement, then you may receive a letter requesting further information to help them make a decision.
After this, if the judge is still not satisfied they could call a hearing with both parties. This is rare and doesn’t happen very often but it can, and if it does this will then extend the time frame.
To avoid a lengthy process you need to ask yourself, is the financial agreement we’ve reached fair to both parties?
What happens if you’re not in agreement?
Finances are an extremely important factor in any divorce so whether you are in agreement or not there are processes in place that can help you.
However, it can take a lot longer due to the amount of work the court has to do. The judge at the regional divorce centre whereby you filed your consent order will be who goes through your finances to decide how your assets and finances are split.
It can take a lot longer due to the amount of work the court has to do. They are the ones who go through your finances to decide how your assets and finances are split.
Coming to an agreement if possible is the best solution. It will prevent longer time frames, cost less and will be overall less stressful for everyone involved.
Please don’t feel alone, this is a very stressful time but there are many people who can help. Always remember before even speaking to your spouse you can ask for advice from a solicitor.
They can tell you what would be deemed fair in your current situation. This will then give you a good idea of how to move to the next step.
You can get free advice on reaching a fair financial settlement, which will then give you the legal information you need to reach a fair settlement with your spouse.
Using this free advice service is essential for most people who go down the DIY divorce route, because most solicitors will charge you an initial £150-£200 fee, just to have an appointment with them.
The solicitors at OLS Solicitors can tell you what would be deemed fair in your current situation, which will then give you a good idea of how to move forward and have a fair consent order prepared for you.
Quicke Divorce are here to help
Our qualified solicitors with over 15 years of experience in family law will draft your consent order for you, for a fixed fee of £139, which could save you over £750 compared to using solicitors.
Each consent order that we process is individually drafted to reflect your financial split and is not a template order unlike most other online divorce providers.
Most consent orders that are drafted by our solicitors are completed within 25-31 working days.
This includes the drafting of the consent order and making any amendments that are required.
We make sure our service is convenient for you. You will be able to obtain the consent order from home or work through email, telephone and post.