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Consent orders

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Latest Family News

Court of Appeal guidance on jurisdiction in transitional cases (Re X (Children)(Article 61 BIIa))

Court of Appeal guidance on jurisdiction in transitional cases (Re X (Children)(Article 61 BIIa))

The following Family news provides comprehensive and up to date legal information on Court of Appeal guidance on jurisdiction in transitional cases (Re X (Children)(Article 61 BIIa))

Whether the High Court may authorise unregulated placements for children under 16 from 9 September 2021 (Tameside MBC v AM and others)

Whether the High Court may authorise unregulated placements for children under 16 from 9 September 2021 (Tameside MBC v AM and others)

The following Family news provides comprehensive and up to date legal information on Whether the High Court may authorise unregulated placements for children under 16 from 9 September 2021 (Tameside MBC v AM and others)

What do English local authorities need to know when placing a child in Scotland?

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The following Family news provides comprehensive and up to date legal information on What do English local authorities need to know when placing a child in Scotland?

Family monthly highlights—August 2021

Family monthly highlights—August 2021

The following Family news provides comprehensive and up to date legal information on Family monthly highlights—August 2021

Featured Family content

Making a complaint to the Pensions Ombudsman—what is involved?

Making a complaint to the Pensions Ombudsman—what is involved?

Making a complaint to the Pensions Ombudsman—what is involved?As a result of the transfer of The Pensions Advisory Service (TPAS)’s dispute resolution...

Working with counsel

Working with counsel

Working with counselInstructing counsel to advocate on a client’s behalf should be a matter of careful thought and preparation. The role of counsel is...

Procedure for an application for an occupation order

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Procedure for an application for an occupation orderProcedure for an application for an occupation order—Covid-19In the exceptional circumstances of...

The ground for divorce

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Practice notes

Occupation orders

Occupation ordersCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the...
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tag iconCOVID-19
Practice notes

Applications under the Protection from Harassment Act 1997

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Practice notes

Declarations of parentage—procedure

Declarations of parentage—procedureThe procedure for an application for a declaration of parentage is governed by the Family Procedure Rules 2010 (FPR...
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Practice notes

Client care—family law

Client care—family lawClient care is about providing a proper standard of service to clients. This Practice Note sets out the Solicitors Regulation...
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Practice notes

Pensions and judicial separation

Pensions and judicial separationOn proceedings for judicial separation the court has the power to redistribute the benefits derived from pension...
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Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 19th May
Practice notes

Mesher and Martin orders

Mesher and Martin ordersThe court may consider it appropriate for one party to remain in a property, with the other party retaining an interest in...
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Practice notes

Defended divorce proceedings

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Precedents

Letter to court applying for decree absolute more than 12 months after decree nisi

Dear [insert organisation][insert case name] [insert case reference number]We enclose our client’s application for decree nisi to be made absolute.The...
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19th May
Q&As

If the respondent to a divorce files a cross petition what steps must the first petitioner take if they wish to defend the cross petition and proceed on the basis of their first petition or they do not wish to defend the cross petition. Does the first petitioner need to file an acknowledgment of service of the cross petition or an answer?

If the respondent to a divorce files a cross petition what steps must the first petitioner take if they wish to defend the cross petition and proceed...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 19th May
Practice notes

The Solicitors Regulation Authority (SRA) regime 2019 for family lawyers

The Solicitors Regulation Authority (SRA) regime 2019 for family lawyersFrom 25 November 2019, the Solicitors Regulation Authority (SRA) Standards and...
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19th May
Practice notes

Void and voidable marriages

Void and voidable marriagesThe Matrimonial Causes Act 1973 (MCA 1973) sets out the grounds on which a marriage is void or voidable and the bars...
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19th May
Q&As

Where an application has been made to extend the term of a non-molestation order, and a hearing listed, can the extension be agreed by consent? If so, what evidence will the court require in order to approve the order?

Where an application has been made to extend the term of a non-molestation order, and a hearing listed, can the extension be agreed by consent? If so,...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 19th May
Practice notes

Freezing orders (Mareva)—family proceedings

Freezing orders (Mareva)—family proceedingsA freezing order (formerly termed a Mareva injunction or order) is an interim injunction restraining a...
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Produced in partnership with David Salter of Deputy High Court judge and Recorder 19th May
Practice notes

Reports under section 37 of the Children Act 1989

Reports under section 37 of the Children Act 1989Under section 37 of the Children Act 1989 (ChA 1989), the court has the power to order an...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 19th May
Practice notes

General principles—lump sum orders

General principles—lump sum ordersThis Practice Note sets out the general principles to be applied by the court when considering whether to make a...
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19th May
Practice notes

Standard orders—general principles

Standard orders—general principles11pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following...
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Most recent Consent orders content

Q&As

Does a financial statement (Form E) need to be filed with the court when lodging a financial consent order in addition to a statement of information (Form D81)?

Does a financial statement (Form E) need to be filed with the court when lodging a financial consent order in addition to a statement of information...
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18th Aug
Q&As

On divorce, where the parties own the family home, how would a financial consent order be drafted so that a third party buys out one spouse's interest in the family home rather than the other spouse?

On divorce, where the parties own the family home, how would a financial consent order be drafted so that a third party buys out one spouse's interest...
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18th Aug
Q&As

Where a Form A has been issued, Forms E filed and heads of agreement reached at a financial dispute resolution appointment (FDR), is it necessary to file a statement of information when the draft consent order is lodged with the court? Does it matter if the draft consent order differs slightly from the heads of agreement reached at the FDR (eg where finer details have been worked out between the parties in negotiation since the FDR and both parties have had independent legal advice)?

Where a Form A has been issued, Forms E filed and heads of agreement reached at a financial dispute resolution appointment (FDR), is it necessary to...
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Produced in partnership with Christi Scarborough of 42 Bedford Row 18th Aug
Q&As

A party gave an undertaking within a financial consent order to pay life insurance premiums, but subsequently stated that the undertaking was included by mistake and that the premiums were part of the provision for spousal maintenance. If the other party will not agree to the removal of the undertaking, how may this be rectified?

A party gave an undertaking within a financial consent order to pay life insurance premiums, but subsequently stated that the undertaking was included...
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Produced in partnership with Paul Infield of The 36 Group 18th Aug
Q&As

Can a clause be included in a clean break consent order for a party to pay the other parties' costs of divorce if a costs order has already been made at decree nisi?

Can a clause be included in a clean break consent order for a party to pay the other parties' costs of divorce if a costs order has already been made...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 18th Aug
Q&As

Where a party disclosed significant debts and there was an apparent risk of bankruptcy, but later appears to have sufficient assets or income to purchase a property, what are the considerations for a potential application to set aside a financial consent order?

Where a party disclosed significant debts and there was an apparent risk of bankruptcy, but later appears to have sufficient assets or income to...
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18th Aug
Q&As

A financial consent order was sent to the court, but the court’s approval was refused as the order was not considered to be a fair settlement for one party. That party had proceeded with the initial agreement against legal advice. Can the terms of the order be renegotiated with the other party, and a revised consent order submitted to the court? If so, is the procedure the same as on the submission of the original consent order? Could the other party seek to argue that the terms of the original agreement should be binding?

A financial consent order was sent to the court, but the court’s approval was refused as the order was not considered to be a fair settlement for one...
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18th Aug
Q&As

Where the financial order boxes in the prayer to the divorce petition have not been ticked, and the parties now want the court to approve a financial consent order, what procedure should be followed?

Where the financial order boxes in the prayer to the divorce petition have not been ticked, and the parties now want the court to approve a financial...
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18th Aug
Q&As

On Form D81, if the family home is registered in sole name, does the other party need to state their interest in the home at section 7A on the form?

On Form D81, if the family home is registered in sole name, does the other party need to state their interest in the home at section 7A on the form?An...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 18th Aug
Q&As

Where a divorce petition has been issued at a Divorce Centre, can both the application for decree nisi and the approval of a financial consent order be expedited where a party will otherwise be disadvantaged by the expiry of a mortgage offer?

Where a divorce petition has been issued at a Divorce Centre, can both the application for decree nisi and the approval of a financial consent order...
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Produced in partnership with Tori Adams of 4 King’s Bench Walk 18th Aug
Q&As

What is the procedure for making a Barder application to set aside a financial order?

What is the procedure for making a Barder application to set aside a financial order?The Family Procedure (Amendment No 2) Rules 2016, SI 2016/901...
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18th Aug
Q&As

Does an undertaking in a consent order bind the estate of the party giving it if they die?

Does an undertaking in a consent order bind the estate of the party giving it if they die?This response considers the question of undertakings within...
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Produced in partnership with Christi Scarborough of 42 Bedford Row 18th Aug
Q&As

Where an order for costs has already been made on pronouncement of decree nisi, is it still possible to include in the recital to a financial consent order within divorce proceedings that the provisions are intended to be ‘in full and final satisfaction of all claims in respect of legal costs including those of the divorce or dissolution proceedings’ and to include provision in the order that there should be no order as to costs?

Where an order for costs has already been made on pronouncement of decree nisi, is it still possible to include in the recital to a financial consent...
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Produced in partnership with Tori Adams of 4 King’s Bench Walk 18th Aug
Q&As

Where a final order has been made in financial remedy proceedings some time ago, and it subsequently transpires that the children of the family may not be the husband's biological children, would this amount to a Barder event?

Where a final order has been made in financial remedy proceedings some time ago, and it subsequently transpires that the children of the family may...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 18th Aug
Q&As

Is it acceptable for a draft order in family proceedings, that is to be made by consent, to be electronically signed by the parties?

Is it acceptable for a draft order in family proceedings, that is to be made by consent, to be electronically signed by the parties?The Family...
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Produced in partnership with Richard Colbey of Lamb Chambers 18th Aug
Q&As

An order has been made in financial remedy proceedings providing for a clean break between the parties. The order did not make provision in relation to a joint liability of the parties regarding arrears of school fees. Does that order prevent one party from issuing separate civil proceedings (if there are grounds to do so) against the other in respect of that joint liability?

An order has been made in financial remedy proceedings providing for a clean break between the parties. The order did not make provision in relation...
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18th Aug
Q&As

Do the Family Procedure Rules 2010 require a mortgagee to be served with a copy of the applicant’s financial application in Form A where an agreement is reached regarding the transfer of a property?

Do the Family Procedure Rules 2010 require a mortgagee to be served with a copy of the applicant’s financial application in Form A where an agreement...
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18th Aug
Q&As

Where a party to divorce proceedings changes their name, and a financial consent order has been prepared detailing the parties’ original names as in the divorce suit, what is the procedure required to reflect the party’s new name in the consent order?

Where a party to divorce proceedings changes their name, and a financial consent order has been prepared detailing the parties’ original names as in...
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Produced in partnership with Nicholas Starks of St Ives Chambers 18th Aug
Q&As

Whose responsibility is it to prepare a consent order in financial remedy proceedings?

Whose responsibility is it to prepare a consent order in financial remedy proceedings?Rule 9.26 of the Family Procedure Rules 2010 (FPR 2010), SI...
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18th Aug
Q&As

Where a financial consent order has been signed by both parties, what would happen if one party then changed their mind and withdrew their agreement to the order before it was sealed by the court? If the court returns the consent order to ask questions of the parties before approving it, can a party change their mind/withdraw their agreement at that stage?

Where a financial consent order has been signed by both parties, what would happen if one party then changed their mind and withdrew their agreement...
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Produced in partnership with Matthew Haynes of St Ives Chambers 18th Aug

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