FAQ's

Frequently Asked Questions

Yes, Consent Orders are fully enforceable by law in the UK once they are approved by a court. When a consent order is issued, it becomes a legally binding court order, meaning both parties are obligated to follow its terms. If one party fails to comply with the terms of the consent order, the other party can take legal action to enforce it. Here’s a breakdown of the enforceability aspects:

1. Legal Binding Nature

  • Court Approval: A consent order only becomes legally binding once a judge reviews and approves it. The court must be satisfied that the terms are fair and reasonable, particularly in cases involving child support or financial division in divorces.
  • Enforcement: Once approved, a consent order has the same legal weight as any other court order. If either party breaches the terms, the other party can apply to the court for enforcement, which may involve various legal consequences for the non-compliant party.

2. Enforcement Methods

  • Application to Court: The affected party can apply to the court to enforce the consent order. The court may then issue orders such as garnishment of wages, asset seizure, or even a charging order on property if necessary.
  • Contempt of Court: Non-compliance with a consent order can result in a contempt of court finding, leading to fines or, in extreme cases, imprisonment.

3. Types of Consent Orders

  • Financial Consent Orders: In divorce cases, these orders can cover property division, spousal maintenance, and child support, providing lasting protection against future financial claims.
  • Child Arrangement Orders: For arrangements regarding children, consent orders can outline custody and visitation. However, the court retains the right to adjust these orders if circumstances change.

4. Limitations and Reviews

  • Non-appealable: Generally, once a consent order is in place, it cannot be appealed unless one party can prove there was fraud, mistake, or undue influence in the agreement.
  • Variation of Orders: In certain cases, such as with maintenance payments, either party can request a modification if their financial circumstances significantly change, though court approval is required.
In summary, a consent order is enforceable by law in the UK, providing a secure, legally binding framework for resolving financial and child-related arrangements post-separation.
We are not a law firm nor are we regulated by the Solicitors Regulation Authority (SRA).  The solicitors that we employ are not required to have professional indemnity insurance that meets the SRA's minimum terms and conditions.  They are, however, authorised and regulated by the SRA in their personal capacity.
The simple answer is ‘no.’  The actual process is the same although Express Divorce use the HMCTS online portal to issue divorce applications so there is less physical paperwork. The entire online divorce process still takes between 30 and 35 weeks
Yes, a Consent Order can be appealed, but this is rare and only allowed under specific, limited circumstances. Since a consent order is based on a mutually agreed settlement approved by the court, it’s generally intended to be final and binding. However, appeals may be permitted if there are exceptional reasons to do so. Here’s a breakdown of the conditions under which a consent order might be appealed:

1. Grounds for Appeal

  • Non-Disclosure or Misrepresentation: If one party did not fully disclose relevant information (for example, financial assets) during the negotiation of the consent order, the other party may appeal the order on grounds of non-disclosure. Courts require full and honest disclosure, especially in financial and family cases.
  • Fraud or Mistake: If fraud was involved (e.g., one party intentionally concealed assets) or if there was a significant mistake in the order's drafting or agreement, an appeal may be justified. Fraudulent or misleading information invalidates the mutual basis on which the consent order was agreed.
  • Duress or Coercion: If a party can demonstrate that they were pressured, threatened, or unduly influenced into agreeing to the consent order, the court may permit an appeal. Consent orders are intended to be mutually agreed upon, and any evidence of coercion could invalidate that consent.
  • Significant Change in Circumstances: In some cases, a drastic and unforeseen change in circumstances (e.g., severe health issues, job loss) that directly impacts the fairness of the order may justify an appeal or, more commonly, a modification. This is more applicable in orders that involve ongoing obligations, like spousal or child support.

2. Process for Appealing a Consent Order

  • Application for Permission to Appeal: Unlike typical appeals, where the right to appeal is generally available, appealing a consent order requires the court’s permission. The party seeking the appeal must apply to the court, demonstrating valid grounds (such as those above) and providing evidence to support the appeal.
  • Time Limit: There are strict time limits for filing an appeal. Generally, an appeal must be initiated within a set period after the order is made (often 21 days). If a party misses this deadline, they need to apply for an extension, which is only granted in exceptional circumstances.
  • Court Review: The court will review the appeal request to determine whether the grounds are sufficient. If approved, the appeal moves forward to a full hearing where a judge reviews the facts and circumstances around the original order.

3. Limitations on Appeal

  • High Threshold: Consent orders are intended to provide finality and stability, so the threshold for appealing one is high. The court’s reluctance to overturn or modify consent orders is based on the fact that both parties voluntarily agreed to the terms.
  • Specific Evidence Required: Appeals are typically only allowed if there is substantial evidence, such as documentation proving non-disclosure, coercion, or fraud. Without strong supporting evidence, an appeal is unlikely to succeed.
  • Appeal Costs and Risks: Appealing a consent order can be costly, as it involves court fees and potentially additional legal representation. If the appeal is unsuccessful, the appealing party may be required to cover the other party’s legal costs, making the process financially risky.

4. Alternatives to Appeal

  • Modification or Variation Application: In some cases, it may be more practical to apply to vary the order rather than appeal it, especially if the grounds involve a change in circumstances rather than an error or misconduct in the original agreement. This is common with ongoing obligations, such as maintenance payments.
  • Set-Aside Application: For serious issues like fraud, duress, or non-disclosure, a party can apply to have the consent order set aside. This effectively cancels the original order and allows for the possibility of negotiating a new one or proceeding to a court hearing.

5. Appeal Outcome

  • Possible Outcomes: If an appeal is successful, the court may set aside the consent order, modify specific terms, or remand the matter for a new hearing to negotiate terms. However, if the appeal fails, the original consent order remains in force, and the appellant may incur additional costs.
  • Finality of Decision: If an appeal is granted and the consent order is modified or overturned, the new or revised order is generally considered final unless there is a basis for further appeal.
In summary, appealing a consent order is possible but challenging. It requires permission from the court, compelling evidence, and typically must be based on issues such as fraud, non-disclosure, duress, or significant change in circumstances.
Once the consent order is approved by a judge and sealed by the court, it is legally binding and cannot normally be altered without the consent of both parties. However, there are some instances where both parties agree to change in the consent order and resubmit the order to the court for approval. An example of this is if both parties agree to reaplcing ongoing payments with a lump sum.
Yes, a Consent Order can be modified or revoked under certain conditions, although this process is generally limited and requires court approval. Here’s a breakdown of the scenarios and processes for modifying or revoking a consent order in the UK:

1. Modifying a Consent Order

  • Changes in Circumstances: One of the most common reasons for modifying a consent order is a significant change in the financial or personal circumstances of one or both parties. For example, if one party loses their job, has a serious health issue, or if there are changes in a child’s needs, they may request a modification.
  • Court Application for Variation: To alter a consent order, the party seeking the change must apply to the court for a variation. The court will review the change in circumstances and decide if it justifies altering the original terms.
  • Maintenance Orders: Maintenance payments are more flexible and can often be varied to reflect changes in income, needs, or living arrangements. In these cases, adjustments can be made without needing a new consent order entirely, but court approval is still required.

2. Revoking a Consent Order

  • Revocation Grounds: Consent orders are typically final, but in rare circumstances, they may be set aside or revoked. This could happen if:
    • There was fraud or misrepresentation in obtaining the consent order.
    • Undue influence or coercion affected one party’s consent.
    • There was a mistake or misunderstanding at the time the order was made.
  • Court’s Discretion to Set Aside: The court has the discretion to set aside (revoke) a consent order if it determines that one of these grounds applies. For example, if one party hid substantial assets during divorce negotiations, this could be grounds for revocation.

3. Appealing a Consent Order

  • Time-Limited Appeals: Appeals against consent orders are rare but possible. Generally, appeals must be filed soon after the order is issued and are only granted if there is a solid legal basis, such as a procedural error by the court or evidence that one party did not fully disclose financial information.
  • Limited Grounds for Appeal: An appeal isn’t granted simply because one party is dissatisfied with the terms; there must be evidence of a significant error, unfairness, or new information that justifies a review.

4. Process for Modification or Revocation

  • Legal Advice: Parties considering modifying or revoking a consent order should consult a family law solicitor, as the application process requires clear grounds and evidence.
  • Application to Court: The party seeking modification or revocation must submit an application to the court, along with supporting documentation that justifies the request.
  • Court Review: The court will evaluate the application based on fairness, the initial terms, and the applicant’s reasons for the change or revocation. This is to ensure that any modification aligns with legal standards and does not unfairly impact either party.

5. Finality and Limitations

  • High Standard for Modification: The courts generally uphold consent orders as final agreements. Unless substantial reasons exist, modifications are rare, reflecting the court's intention to maintain certainty and stability in post-divorce arrangements.
  • Impact on Financial Independence: Consent orders are often “clean break” orders, aiming to achieve financial independence for both parties. Modifications, therefore, are only considered if they do not undermine this independence unless necessary due to substantial changes in circumstances.
In summary, while a consent order can be modified or revoked, the process is designed to be restrictive to maintain the order’s finality. Modification is generally limited to cases of significant change, while revocation requires proving serious issues like fraud or coercion.
Yes, a consent order can be used in a business context, although it's more common in family law. In business, a consent order is typically used to formalize a legal agreement reached between two parties in a civil dispute, often as an alternative to prolonged litigation. Here’s how consent orders work in business and commercial law:

1. Definition in a Business Context

  • Settlement Agreement: In business disputes, a consent order often serves as a court-approved settlement agreement where both parties agree to specific terms, such as the payment of a debt, restructuring of obligations, or cessation of a particular business practice.
  • Binding and Enforceable: Like in family law, a consent order in business is legally binding once approved by the court, allowing both parties to avoid a full court hearing while ensuring compliance with agreed terms.

2. Common Scenarios for Business Consent Orders

  • Debt Recovery: Consent orders are often used in debt recovery cases where a debtor agrees to repay a certain amount to the creditor. This agreement may outline a specific repayment plan and timeline.
  • Contract Disputes: If two businesses have a contractual dispute, they might use a consent order to agree on revised terms, compensation, or cessation of certain activities, especially if they wish to maintain a business relationship without ongoing litigation.
  • Employment and Trade Disputes: Employers and employees or trade unions may enter into a consent order to resolve employment disputes, such as wrongful dismissal or wage claims, without going through an entire tribunal process.

3. Process of Obtaining a Business Consent Order

  • Negotiation and Agreement: The parties involved in the dispute negotiate terms with or without legal representatives. Once both parties reach an agreement, they draft the terms to be included in the consent order.
  • Submission to Court: The agreed terms are then submitted to the court, which reviews the consent order to ensure fairness and legality. Upon approval, it becomes a court order, enforceable by law.
  • Avoiding Full Trial: Using a consent order in business contexts can save both time and costs, as it eliminates the need for a trial. This is especially beneficial for businesses seeking to protect their reputations or maintain relationships.

4. Enforceability and Benefits

  • Immediate Enforcement: Once approved, a business consent order is enforceable immediately. If one party breaches the terms, the other can return to court to enforce compliance, potentially through measures such as asset seizure or garnishment.
  • Flexibility and Privacy: Consent orders allow businesses to reach a solution with more privacy and flexibility than a full trial might offer. This can be advantageous for businesses that want to avoid negative publicity or preserve trade secrets.

5. Limitations and Considerations

  • Not Applicable for All Business Disputes: Consent orders are suitable for disputes where both parties are open to settlement and negotiation. They are less effective if the relationship has completely broken down or if one party refuses to compromise.
  • Legal Guidance Needed: Although consent orders are less formal than full court proceedings, they still require legal expertise to ensure the terms are legally sound, particularly for complex business arrangements.
  • Costs and Court Approval: There are still costs associated with filing and obtaining court approval for a consent order, though they are generally lower than the costs of a full court case.

6. Examples of Business Use

  • Intellectual Property Disputes: In cases where one business alleges IP infringement, a consent order might require the infringing party to stop using certain materials or pay a licensing fee.
  • Shareholder or Partnership Disputes: In disputes between shareholders or partners, a consent order can establish terms for one party’s buyout, financial compensation, or future business roles, allowing the business to move forward without ongoing legal challenges.
In summary, consent orders are versatile tools that can be applied in business contexts to formalize agreements reached in civil disputes, making them legally enforceable while avoiding the complexities of a full court case. They are best used where both parties are willing to negotiate and comply with the agreed terms.

Yes, provided you have not resumed your relationship.  Sometimes people live within the same house but have divided the property into 2 separate households and do not share washing, cooking, or other domestic chores.  In this case, we often need additional details of how you are ‘living apart’ within the same house.  We have known occasions where a judge has requested a simple sketched map of who lives where in the house and how it has been divided up!

We do not accept cash although we can accept cheques made payable to ‘ExD Legal Services.’  Please note that, should you pay by cheque, Express Divorce will not carry out any work on your behalf until 24 hours after the money has cleared.
No.  Since 6 April 2022, any application for divorce is based on the irretrievable breakdown of the marriage.  You can no longer divorce based on the fact of adultery, unreasonable behaviour or a period of separation.