What is a property adjustment order?

A property adjustment order alters the ownership of the property. A property adjustment order is a type of court order relating to property on divorce or separation.  Examples of a this type of order are: an order transferring a property from joint names to one name;an order that one person receives more than half of … Read more

What is a fair  consent order?

Unsurprisingly, a fair consent order is all about getting the balance right. There are four key steps to take that may help you achieve this. Gather information. You need to have all the details about the value of your assets and bills, to be able to make important choices and informed decisions. A summary of … Read more

Can I send in a consent order without the agreement of my husband/wife?


The answer to this is no, I’m afraid not.

A consent order is a legally binding agreement.

It requires the agreement of both parties to the marriage/civil partnership and the approval of the court.

Both you and your husband/wife/civil partner will need to sign all the forms including the Form A, the D81 and the order itself.

Read moreCan I send in a consent order without the agreement of my husband/wife?

Can I download a consent order form from the court website?


You can’t download a consent order from the court website. So, you need to draft one (or arrange for a solicitor or barrister to draft one for you). A consent order needs to fit your requirements perfectly. One size doesn’t fit all.

What goes into a consent order?

The court only accepts court orders prepared in an approved format. This is usually best done by a solicitor who specialises in this type of family law.

I use court approved precedents like those produced by Resolution the Solicitors Family Law Association for its members.

Read moreCan I download a consent order form from the court website?

Missing property box on Form A?

The form A application for a financial order asks for the address of any property which is the subject of an application for a property adjustment order to be inserted “in the box below”. There are two issues with this. First of all as you will see to the left, there isn’t a box. Secondly … Read more

All I want is a clean break. Can we transfer the house first?


This is one of the most common questions I am asked.

Best practice is to have the order first and I will try to explain why.

Let’s take a typical example:

Mr and Mrs Williams are getting a divorce. They’ve been separated for a while and they’ve agreed that Mr Williams will stay in the family home and buy out his wife. He has been to a financial adviser and applied for a mortgage. The value of the house and the amount he is paying to his wife has been agreed.

All is going to plan and the couple are reasonably amicable. They both want to draw a line under their finances after the transaction has completed and they know that the best way to do this is to have a consent order in which there will be “clean break” clauses.

This type of order means that there can be no further claims for more money or property between each of them in the future, even after either of them dies.

But, in order to obtain the order, not only do Mr and Mrs Williams have to agree to the terms, the District Judge has to agree that the terms are fair to them both as well.

Read moreAll I want is a clean break. Can we transfer the house first?