General principles of consent orders
General principles of consent orders

The following Family guidance 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

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.

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 financial 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: Pilot scheme.

In JK v MK (E-Negotiation Ltd (trading as “amicable”)), Mostyn J found in relation to the specific model used by the first intervenor in that case that joint drafting