Financial Consent Orders

In this blog, family law solicitor Angelique Holm answers your questions on financial consent orders.

If you would like specialist legal advice on your financial settlement or assistance obtaining a financial consent order, contact HopeHolm Family Law in London.

Telephone 0203 488 8620, email info@hopeholm.co.uk, or visit HopeHolm Family Law.

A financial consent order is made at the request of divorced or divorcing spouses or civil partners. It sets out the financial agreement reached and records the division of family assets. If a financial agreement cannot be reached, a husband, wife, or civil partner can ask the court to make a financial court order after financial disclosure and a contested final hearing

The process to obtain a financial consent order involves ten steps:

Reach a financial agreement.
Draft a financial consent order.
Negotiate on the wording of the order.
The husband and wife complete a financial statement of information setting out their financial and personal circumstances.
The draft order is sent to any relevant third parties for approval, such as the pension administrator, where a pension sharing order is sought.
The parties sign the draft order and financial statement of information.
The draft order and financial statement of information are submitted to the court for approval, and the court fee is paid.
If a conditional order of divorce has been made or the divorce proceedings have been finalised, the order is referred to a judge for approval.
The judge raises any questions about the draft order, and the parties or their family lawyers respond to the queries.
The court sends the husband and wife or their family law solicitors the sealed financial consent order.

A judge does not simply rubber-stamp the agreement reached between a husband and wife. The court can ask questions about either the wording of the draft order or whether the order meets the needs of both the husband and wife. That is why it is crucial to take legal advice on the wording of the financial consent order and for your financial statement of information to fully explain financial and personal circumstances and how they will be affected by making the financial consent order.

Reaching a financial settlement

You can reach a financial agreement in several ways:

Through solicitor negotiations.
Directly with your spouse.
In family mediation.

The court process for obtaining a financial consent order is the same whether you reach an agreement through solicitors, directly, or in mediation.

A financial consent order is bespoke to you and your personal and financial circumstances. The order will normally cover:

An order for the family home’s sale, transfer, or deferred sale.
The payment of a lump sum.
Ownership of assets such as investments, shares, or a family business. The order can include the transfer of bank accounts or the sale or transfer of shares.
The payment of spousal maintenance.
Pension provision – this is normally dealt with by pension offsetting or the making of a pension sharing order.
Private school fees order – relevant if children are privately educated.
Whether future financial claims can be made. The order could be a clean break order, a deferred clean break, or further claims could be left open.

The precise details and wording of the order need to be worked out after you have reached a financial settlement. A divorce solicitor can expertly guide you on the subtle differences in wording and explain the massive difference some words can have on your financial future. That’s why it’s important to consult a divorce lawyer about what should be included in the order or to carefully negotiate revisions to a draft order prepared by your spouse’s lawyer.

Contact HopeHolm Family Law for financial settlement legal advice or to obtain a financial consent order.

Anyone who is getting divorced needs a financial consent order. That’s the case even if you do not own a property or do not have a large pension. If you do not obtain a financial court order, your ex-spouse could bring future financial claims, including claims against assets purchased or obtained after your separation.

If you reach a financial settlement in family mediation, you still need a financial consent order to convert your MOU into a binding court order.

If you did not obtain a financial consent order when you obtained your final divorce order, you may still be able to obtain one. Speak to a specialist divorce solicitor about securing a financial order.

The court can order spousal maintenance and, in limited circumstances, child maintenance. In most cases, child support is paid voluntarily or after assessment by the Child Maintenance Service. Child support can be ordered by the court to cover the additional costs of a child with a disability, to pay school fees, to provide financial support for a stepchild, or where global spousal maintenance and child support have been agreed upon.

A clean break financial court order will stop further financial claims if it includes an immediate clean break. Other court orders can include a deferred clean break. This means further financial claims cannot be made after the sale of the family home, or the pension sharing order has been implemented, or spousal maintenance is no longer payable. Without legal advice, it can be difficult for a husband or wife to understand the technical wording in a financial consent order. That’s why it is sensible to get an expert financial lawyer to draft the order for you or to check it on your behalf.

The family court does not require you to have a family lawyer advise you on the financial settlement or on the wording of the order, but it’s best to do so. A divorce solicitor will ensure that the financial negotiations achieve a fair financial settlement for you and that the wording of the financial consent order reflects the agreement reached.

Contact HopeHolm Family Law for a quote for your financial consent order.

Please telephone us at 0203 488 8620, email us at info@hopeholm.co.uk, or visit HopeHolm Family Law.

Anita M

During one of the most difficult and overwhelmingly challenging time of my life, Angelique was the right kind of straight talking, to the point, and no nonsense, say it like it is kind of lawyer....the kind I needed in my corner. It was reassuring to have someone who understood what was fair and reasonable and fought for it with you. You will never need to follow up either via emails or calls. And she's just a call away anytime you need her. Can't recommend her enough.

Alan Samuel

I generally can not believe how stressful a divorce can actually be. But after years of anticipation I finally retained my life back thanks to the Hopeholm Family Law team, especially Angelique who guided me every step of the way through the mind field of processes and hoops to jump through - Thank you!

Rabil asad

I can’t thank Angelique enough for everything she’s done for me. From the very start she was calm, honest, and completely straight-forward — no sugar-coating, no false promises, just clear and realistic advice every step of the way. She guided me through one of the toughest times of my life with real professionalism and empathy. Angelique tells you things exactly as they are, but in a way that gives you confidence and direction. Her preparation, attention to detail, and dedication are second to none. Because of her guidance and hard work, I’ve now achieved a fair 50/50 outcome and peace of mind for my son’s future. If you want a solicitor who genuinely cares, fights for what’s right, and has a no-BS approach, Angelique is the one you want in your corner. — Rabil A

sue

I cannot thank Angelique enough for her support, advice and guidance throughout my divorce journey. Angelique was there to explain the legal jargon and what the next steps were along the way with emails, texts and phone calls. She always responded with compassion and understanding of the emotional rollercoaster I was on, I always felt she understood and that I was a person and not just a client. I was recommended Angelique and I too recommend her. Thank you again Angelique for your knowledge, support and guidance, its been a journey for us both!

Deepali Mehra

I had a great experience working with Angelique on renegotiating a financial consent order. She was approachable, clear, and responsive throughout — exactly what I needed during a process that could’ve been overwhelming. She helped me explore different options without pressure, and her explanations made everything easy to understand. We even managed to laugh along the way, which made a real difference. Highly recommend her for anyone wanting a solicitor who’s both professional and down-to-earth.

Jat Dhaliwal

Hopeholm helped me with my case over a year with numerous issues. Angelique provided prompt advice and service throughout. She has gone above and beyond for me and the end result was one I am happy with. Wholehearted recommendation from me for any family law matters.

Anonymous

Angelique (HopeHolm) is an exceptional solicitor with a heart of gold. Her dedication goes beyond just providing legal expertise—she truly cares about her clients and their families. Compassionate and understanding, she takes the time to listen, support, and fight for the best outcome. Her kindness, combined with her professionalism and knowledge, makes her not only a remarkable solicitor but also someone you can trust during the most challenging times. She isn’t just focused on the financial aspect but genuinely prioritizes the well-being of those she represents. Don't hesitate to instruct Angelique to be your solicitor, you won't regret it.

Elsa Franca

After being with other solicitors on my lengthy 3 years court case, I was recommended to Angelique by my barrister. She had to untangle my case which was quite complicated. She worked diligent and strenuously. In the end and for everyone's surprise, she was able to reach a settlement using her expertise, dedication and professionalism. She worked hours on end putting always my children's and my best interest at heart. I can't stress enough how helpful Angelique was! This case put so much financial, emotional and mental strain on me. Angelique was a God sent gift! She is not a common solicitor, she does make a difference! I most HIGHLY recommend her for her professionalism, honesty and unique desire to solve your case as much as you do! I am forever grateful to Angelique and I wish her all the very best in this world!

Fathiya Ali

I cannot thank Angelique enough for her unwavering support and relentless fight for my ongoing child custody case. From the very beginning, she has been more than just a solicitor—she has been a massive support during one of the most difficult times in my life. Her dedication has gone far beyond office hours. She truly cares, not just about my case but about me as a person. Her empathy and compassion are evident in every conversation, as she always checks in on me, listens to my worries—reassuring me throughout this process. Unlike any other solicitor, she provides a truly human experience, going above and beyond to ensure I feel supported and heard. I wholeheartedly recommend her to anyone in need of legal help—she is exceptional in every way.

Sunny Sharma

I strongly recommend Angelique Holm’s Solicitors firm, HopeHolm, for anyone seeking expert legal advice and representation. Her deep knowledge of divorce and family law is matched by her ability to explain complex legal concepts in a clear and approachable manner. Angelique took great care and time to understand my predicament and circumstances, particularly as it came as a sudden shock, but she was able to offer her expertise to achieve the best possible outcomes. Throughout my experience with Angelique, I was consistently impressed by her professionalism, responsiveness, and dedication. Her attention to detail, meticulous preparation, and ability to anticipate potential challenges gave me complete confidence in her abilities. Angelique also demonstrate great empathy and understanding, making the legal process less stressful and more manageable than it could have been in different circumstances. Whether you need advice, negotiation skills, or representation in court, Angelique offers unparalleled expertise and a client-focused approach that ensures you are in capable hands. I would not hesitate to recommend her to anyone in need of reliable and trustworthy legal support services. I am deeply grateful for Angelique & HopeHolm's dedication and advise in my contentious and laboured divorce procedure. Many thanks indeed Angelique.

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Financial Consent Orders

Financial consent orders

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Frequently asked questions on financial consent orders

Do I need a financial consent order?

Do I need a financial consent order if I have a memorandum of understanding?

I didn’t get a financial consent order when I got divorced. What can I do?

Will my financial consent order include child support for my children?

Will a financial consent order stop all further financial claims by my former spouse?

Do I need divorce solicitors to prepare a financial consent order for me?

How much does a financial consent order cost to obtain?