Drafting the terms of a financial consent order
Drafting the terms of a financial consent order

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

  • Drafting the terms of a financial consent order
  • Basic principles
  • Structure of a consent order
  • Undertakings
  • Lodging the consent order

This Practice Note sets out the basic principles to be applied when drafting a financial consent order including the preparation and structure of the draft order, together with details of the financial remedy omnibus issued as part of the standard orders project. It includes guidance on undertakings, provisions as to periodical payments and pensions and drafting an order where there are issues as to potential insolvency. It also sets out the steps to take to lodge the consent order at court.

Standard financial orders have been issued as part of the standard orders project, see Practice Note: Standard orders—general principles and Precedent: Standard order 2.1—financial remedy order—omnibus for a precedent consent order. The use of the standard orders has been strongly encouraged by the President of the Family Division, see News Analysis: Financial and enforcement standard orders to be placed on a more ‘formal footing’.

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 HMCTS online application system. See Practice Note: General principles of consent orders—Pilot scheme.

Basic principles

It is of utmost importance that any financial consent order is drafted correctly. This is particularly so after a hard day’s