Action on reaching agreement prior to final hearing
Action on reaching agreement prior to final hearing

The following Family guidance note provides comprehensive and up to date legal information covering:

  • Action on reaching agreement prior to final hearing
  • The consent order
  • Where heads of agreement may be appropriate
  • Practice on applying for a consent order
  • Pilot scheme
  • The statement of information
  • The procedure where agreement is reached at court
  • Procedure where agreement is reached by non-court dispute resolution
  • Duty of the court

It is common for an agreement to be reached prior to the final hearing. An agreement may be reached at any stage of the proceedings right up to the doors of the court. As soon as an agreement is reached, a draft consent order must be prepared as soon as possible recording the terms agreed between the parties.

This Practice Note explains the steps to take where agreement is reached prior to the final hearing of an application for a financial remedy. It includes considerations in relation to a consent order (including by adopting the standard order format), the statement of information (Form D81) and the procedure on applying for the consent order to be approved by the court. It also covers circumstances where it may be appropriate to draw up heads of agreement and considers Rose orders and Xydhias agreements and the approach of the courts where a separate and distinct agreement may be found to exist and contractual remedies applied.

From 6 August 2018, Family Procedure Rules 2010 (FPR 2010), PD 36I sets out a pilot scheme which provides for certain applications for a consent order for a financial remedy in connection with matrimonial proceedings to be completed and filed via an HM Courts and Tribunals Service (HMCTS) online application system. See: Pilot Scheme.

The consent order

A consent order is