General principles of consent orders
General principles of consent orders

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

  • General principles of consent orders
  • General principles
  • Procedure
  • Pilot scheme
  • Statement of information (Form D81)
  • Duty of the court
  • Agreements arising from non-court dispute resolution
  • Mediation
  • Arbitration
  • Collaborative law

This Practice Note sets out the procedural steps to be taken where the parties have reached agreement by consent within financial remedy proceedings, including the information that must be provided to the court in Form D81 (Statement of Information for a consent order in relation to a financial remedy). It provides practical guidance on the court’s role when considering a draft consent order. It also considers the courts’ approach to agreements reached via non-court dispute resolution, eg mediation, arbitration and collaborative law. For practical guidance on drafting a consent order, see Practice Note: Drafting the terms of a financial consent order.

From 6 April 2020, provision is made in Family Procedure Rules 2010 (FPR 2010) by FPR 2010, PD 41B (Proceedings by electronic means: procedure for an application for a consent order for a financial remedy in connection with divorce proceedings) as to the procedure by which, in the circumstances provided for in the Practice Direction, an application for a consent order for a financial remedy in connection with certain proceedings for a matrimonial order may proceed by electronic means—see Practice Note: Online applications for financial consent orders. From 24 August 2020, FPR 2010, PD 36T (Pilot Provision: Proceeding by Electronic Means: Procedure for an Application for a Consent Order for a Financial Remedy in Connection with Divorce Proceedings) makes temporary modifications to FPR 2010,

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