How much does it cost to draw up a consent order?
My service includes all the documents you need to file your application for a consent order at court.
The application for a consent order;
The draft consent order;
The D81 statement in support of a consent order; and
The covering letter to the court.
My fee for a straightforward consent order is £180.
There is also a court fee of £50. This is paid directly to the court service.
Complex arrangements such as those involving several properties or property abroad will cost more.
Contact me for a quote to prepare your consent order for you.
You can either use the form below and I will send you my questionnaire oryou can access it right here, fill it in and send it to me.
I will review your case and confirm the fee to carry out the work for you.
If my service is suitable, I will send you my terms of business and an acceptance form for you to send back to me if you would like to go ahead.
There are no hidden charges or fees.
I invoice once I have prepared your paperwork and you can pay securely online using Worldpay, the UK's largest payment provider.
What is a clean break consent order?
A clean break is actually just a clause in a consent order which dismisses rights to make certain types of claims arising out of your marriage.
Just to make things more confusing there is more than one type of clean break.
You can have:
a full clean break - which dismisses both future maintenance and future capital claims,
a capital only clean break -this only dismisses future capital claims and is used where there will be ongoing spousal maintenance.
And not only that, a "clean break" can mean dismissing future claims
It can also be included in the consent order for just one of you or both of you.
A clean break is really only part of a consent order and is only included once you have agreed how to divide your property or assets (or have already divided them and simply want to safeguard against future claims.
What is a standard consent order?
It is a phrase used to describe a normal consent order which usually contains additional standard clauses to those just providing for a clean break between you.
For example a typical standard consent order will include details of what is to happen to a property. Is it to be sold? Who is to deal with the estate agents? How much will each party receive from the proceeds of sale?
These provisions need to be drafted according to your unique circumstances.
You may think you only need the clean break clauses if you had no joint assets at all during the marriage( or you have already divided them as part of a separation agreement).
But, in the majority of cases, you will still need to recite in the consent order how that has been done, so that the judge has sufficient information.
Insufficient information is the main reason consent order agreements are rejected the first time they are submitted.
I have many years experience working in the Family Court and I include in my drafting as much detail as I think is necessary to have a consent order approved.
This is a specialist area and that is why the judiciary, the court service and the government all recommend that you take legal advice from a specialist solicitor or barrister before submitting a consent order and do not attempt to do it yourself.
Do I have to go to court to get a consent order?
If the District Judge has enough information to decide whether the terms of your agreement are fair, it can usually be done without you attending court.
There are occasions when a court attendance is required.
The District Judge will usually ask you for some more details and, providing the answers are satisfactory, he/she will go on to make the consent order as requested.
It may be more likely that you will be asked to attend court if one of you has not taken any advice and/or the consent order is complicated or does not seem particularly fair to one of you.
It is more likely that your consent order will be approved first time if it is on the face of it a fair agreeent and the judge has plenty of information on which to assess that.
You should be careful to explain any division of assets which is not equal and make sure that all important financial details are clearly stated.
How do I make the application to court for a consent order?
If you use my consent order service I complete all the forms and necessary paperwork which are needed to go to the court on your behalf with your consent order.
If you would like to use my service please contact me using the form below for more details.