Need For A Consent Order

By Author: James Walsh
Total Articles: 68
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What is a Consent Order?

A consent order is an order by the court that is binding on both parties of a divorce, and which is cannot be challenged for further changes in the future. It is commonly associated with the ‘clean break' procedure where both parties are decided that they want to have nothing to do with each other again, are clear on the terms and conditions of the divorce agreement, and want to avoid going to court in the future.

To obtain a consent order, the person concerned has to fill up Form 81D, which is a Statement of Information about the applicant. The person concerned usually needs to disclose a full valuation of all assets, decisions made about children, sources of income, and any inclinations to get married in the future/ details of any ongoing affair. The court then assesses the information, checks its validity, consults the other spouse about it, and sends the rubber-stamped paper back to the applicant after being satisfied on all counts. Once stamped, the terms stated in the consent order cannot be refuted. This is to be done after the Decree Nisi has been obtained, but with ...
... the Decree Absolute still pending. The form is available at all local courts and with most counselling centres.

Usual Areas

A consent order usually involves agreements concerning property and money, other assets (computer, car), insurance, shares if any, pensions, and custody/ upkeep of children. It also covers the dangerous area of marital compensation. If a party agrees to the consent, and the court passes it, he or she will not be able to appeal for anything else in the future. This is exactly why the court checks whether one has a marriage plan or a partner, and whether one is economically solvent. There are some highly exceptional cases where the condition of a party to the consent has changed abruptly due to a crippling accident, bankruptcy, or accidental and massive damage to property. In this case, a lot of complications would crop up, because the consent order is supposed to be binding at all times.

Who Needs it?

Theoretically, a consent order is a saving grace for couples with a high level of maturity and understanding and who know precisely how the assets and responsibilities are to be divided. It is a heartening fact that many couples having a ‘no fault' divorce are successfully applying this rule to their lives. A consent order has streamlined the process for them, cut costs drastically, and made it less bitter. These couples are usually economically stable, and in a position to look after their charges, if any.
A consent order is also the perfect device for those who do not have any disputes over property, capital or children. This is a tool towards a ‘quickie divorce' for them, and they can get things solved much faster.

On the other hand, there is a less rosy but equally great need for a consent order among those who are in dire need of a divorce. When a battered spouse wants to close a terrifying chapter of his or her life forever, a consent order may come in handy to provide some amount of protection against future chances of getting stalked or attacked. It is equally important in international marriages, where one spouse may want to return to the home country and forget about the bad experience of the marriage by putting in the physical distance.

Britain has a formidable number of single mothers, many of whom are impoverished with children on the breadline. A consent order will hold an absentee spouse from absconding from his responsibilities and getting away with it. It can be a weapon of justice in this case.

So a consent order would come in handy for all those who have the fear that they may lose a lot - in terms of money, peace and dignity - unless they have the protection and support of the law to enforce what is just.

Is It Fair?

Like most questions in the area of divorce laws, this does not have a straightforward answer. The weapon depends on the intent of the wielder.