Family Law – Negotiation and Drafting
Drafting a Consent Order
Legally binding order made by a judge in divorce proceedings
Consent is made where both parties have agreed the financial settlement and consent to aan
order being made without a court hearing
Procedure
Applicant’s solicitor will draw up a draft consent order and this will be reviewed by
respondent’s solicitor
Each party completes statement of information – Form D81
o Sets out information e.g. net income of each party, intended arrangements for
accommodation of parties and any minor child of the family, whether either party has
remarried or has any current intentions to remarry etc
Statement of information will be filed with the court
Documents are reviewed by judge who can make order in the agreed terms
When agreement is reached, consent order will be finalised by both parties’ solicitors and then
approved and made by the judge
Drafting tips
Consent order needs to be set out in 3 parts:
1. Title of suit and headings
Court name, parties names and type of order e.g. ‘consent order’
2. Preamble
Records parts of the agreement that the court has no power to order under MCA 1973
Court may wish to make order to force one party to make mortgage payments but there is no power
under MCA 1973
Includes record of the basis upon the order is made
Preamble can be viewed as scene-setting for the actual terms of the order
It will usually include an introductory recital whereby the parties agree that the order is full and
final and setting out any agreement as to contents/ personal possessions
3. Operative part
Prefaced by the words ‘it is ordered….’
Undertakings
Order may contain undertakings ie a promise to do something
Drafting a Consent Order
Legally binding order made by a judge in divorce proceedings
Consent is made where both parties have agreed the financial settlement and consent to aan
order being made without a court hearing
Procedure
Applicant’s solicitor will draw up a draft consent order and this will be reviewed by
respondent’s solicitor
Each party completes statement of information – Form D81
o Sets out information e.g. net income of each party, intended arrangements for
accommodation of parties and any minor child of the family, whether either party has
remarried or has any current intentions to remarry etc
Statement of information will be filed with the court
Documents are reviewed by judge who can make order in the agreed terms
When agreement is reached, consent order will be finalised by both parties’ solicitors and then
approved and made by the judge
Drafting tips
Consent order needs to be set out in 3 parts:
1. Title of suit and headings
Court name, parties names and type of order e.g. ‘consent order’
2. Preamble
Records parts of the agreement that the court has no power to order under MCA 1973
Court may wish to make order to force one party to make mortgage payments but there is no power
under MCA 1973
Includes record of the basis upon the order is made
Preamble can be viewed as scene-setting for the actual terms of the order
It will usually include an introductory recital whereby the parties agree that the order is full and
final and setting out any agreement as to contents/ personal possessions
3. Operative part
Prefaced by the words ‘it is ordered….’
Undertakings
Order may contain undertakings ie a promise to do something
