FAQ's

Frequently Asked Questions

All of us provide similar services, however, Express Divorce use experienced lawyers to supervise all divorces.  In the case of our premium services, the entire divorce documentation is drafted by a senior matrimonial solicitor who subsequently oversees the process through court. In addition, our actual managed services are significantly less expensive than Divorce Online’s services.  Both Divorce Online and Quickie Divorce do outsource to solicitors, however, we are committed to keeping all divorces in-house to reduce delay and/or potential loss of documents. Express Divorce are also entirely transparent about costs.  We started our online divorce service as an antidote to the rising legal fees charged by solicitors.  Our competitors’ websites are not particularly clear about the court fees and when you will need to pay them.  On the other hand, we are entirely upfront about these additional fees as we do not want to give any of our customers a nasty surprise after they have purchased one of services.
The process is broadly similar whether you apply online or use a traditional paper application. There are 3 main stages: The Application The Applicant completes either an online or paper application.  The court issues the application by sending a copy to the Respondent together with an acknowledgement of service.  The Respondent must acknowledge receipt of the application confirming they are happy for the divorce to proceed. Application for the Conditional Order 20 weeks after the application is issued, the Applicant can apply for the conditional order. Application for the Final Order The Applicant must wait a minimum of 6 weeks and 1 clear day after the date of the conditional order before they can apply for the final order. The application is a simple one page form in the case of a paper application and several short questions if you are using an online application.
A consent order can significantly affect a party's rights in a legal dispute by formalizing an agreement and establishing legally binding terms that define the scope of each party's rights and obligations. Here’s how a consent order impacts rights in legal disputes:

1. Waiver of Future Claims

  • Settlement of Rights: By agreeing to a consent order, each party waives the right to pursue further legal claims on the same matter. This finality limits their ability to bring additional claims, which is particularly relevant in financial or property disputes.
  • Clean Break Orders: In family law, a “clean break” consent order means that both parties agree to waive future financial claims against each other. This can prevent one party from making claims on the other’s estate, income, or assets later on, ensuring financial independence after the settlement.

2. Reduction in Legal Autonomy

  • Court Oversight: Once a consent order is approved, parties lose some control over the terms, as the court retains jurisdiction to enforce or interpret the order if disputes arise. This means that they cannot unilaterally change or disregard the terms without legal consequences.
  • Restricted Appeals and Modifications: Because a consent order is meant to be final, rights to modify, revoke, or appeal the order are limited. Any attempt to adjust terms must be supported by significant changes in circumstances, fraud, or mistakes in the original agreement, which creates a high threshold for changing rights after the order is in place.

3. Establishment of Enforceable Rights and Obligations

  • Right to Enforcement: A consent order gives both parties enforceable rights. If one party fails to meet their obligations (e.g., payment schedules, child arrangements, compliance with agreed actions), the other party can seek court enforcement. This enforceability is crucial in ensuring each party’s rights are protected by the legal system.
  • Protection Against Future Claims: A consent order often includes terms that specifically protect parties from future claims, providing a degree of security. For instance, in business disputes, it can prevent the other party from reopening the same contractual issues.

4. Clarification of Rights and Responsibilities

  • Defined Scope of Rights: Consent orders clarify what each party is entitled to, eliminating ambiguity. This is particularly beneficial in complex disputes, as it specifies asset divisions, payment obligations, or business responsibilities, reducing the risk of misunderstandings or disagreements.
  • Fixed Responsibilities: The order also delineates each party's responsibilities, making it easier to hold a party accountable if they do not uphold their part of the agreement. This can be helpful in situations where ongoing obligations, such as child maintenance or regular payments, are involved.

5. Limitations on Freedom of Action

  • Binding Nature: Once agreed to and approved by the court, a consent order restricts parties from acting outside its terms without risking legal consequences. For example, in business disputes, a party may be restricted from pursuing certain business practices or using specific trade secrets, and violating these terms could lead to enforcement action.
  • Potential Indemnities and Restrictions: Consent orders can include indemnity clauses, where one party agrees to hold the other harmless for specific future claims or liabilities. This can limit each party’s freedom in ways that protect the interests outlined in the order.

6. Impact on Rights in Related Matters

  • Collateral Effects: In cases where the consent order addresses a business partnership or a family arrangement, it may impact rights in related areas, such as inheritance rights, shareholder agreements, or future employment within the company. The parties’ rights in these areas will now be subject to the terms of the order.
  • Influence on Future Proceedings: The presence of a consent order can limit a party's rights in future proceedings on related matters. Courts often look to the terms of a consent order as precedent for interpreting similar issues between the same parties, reinforcing the scope and intent of the original agreement.
In summary, a consent order finalizes and clarifies each party’s rights and obligations, often limiting their ability to make future claims or act outside the agreed terms. It restricts their legal autonomy to a degree, making rights enforceable but also binding under court oversight, thereby providing a structured framework for managing the dispute and protecting each party’s interests.
A consent order can significantly impact future legal proceedings by providing a clear, enforceable resolution to a dispute and limiting the ability of parties to bring further claims on the same issue. Here’s how a consent order affects future legal proceedings:

1. Finality and Prevention of Future Claims

  • Res Judicata Principle: Once a consent order is approved by the court, it often invokes the legal principle of res judicata, which prevents the same dispute from being litigated again. This means that the matters settled in the consent order cannot typically be reopened or challenged in future proceedings.
  • Future Financial Claims in Family Law: In divorce cases, a financial consent order aims to settle financial matters once and for all, limiting future financial claims between ex-spouses. This is particularly important in “clean break” orders, where both parties agree to sever any future financial ties.

2. Limited Scope for Modification or Variation

  • High Bar for Modification: A consent order is intended to be final, and modifications are only allowed under exceptional circumstances, such as a significant change in one party’s circumstances. For example, in financial cases, courts may allow variation of maintenance payments but are less likely to adjust asset division unless fraud or non-disclosure occurred.
  • Restricted Appeals: Parties generally cannot appeal a consent order just because they are unhappy with the outcome. Appeals are only permitted if there’s evidence of serious issues, like fraud, duress, or fundamental errors in the original proceedings. This high bar for modification reinforces the consent order’s finality and ensures parties cannot easily relitigate the issue.

3. Enforcement Options in Case of Breach

  • Court-Enforceable: If either party breaches the terms of a consent order, the other party can apply to the court for enforcement. This enforcement process may involve financial penalties, garnishment of wages, seizure of assets, or contempt of court proceedings, depending on the nature of the breach.
  • Continued Court Jurisdiction: Courts retain jurisdiction over the consent order, meaning that any future proceedings related to enforcing or modifying the order will typically return to the same court. This helps streamline any subsequent legal actions and ensures consistency.

4. Effect on Related Matters

  • Collateral Legal Proceedings: In some cases, a consent order can impact related legal matters, particularly if other cases involve similar issues or claims. For example, if two businesses settle a contract dispute with a consent order, the order’s terms may influence subsequent contract interpretations or obligations in similar cases.
  • Child Arrangements Orders: In family law, while financial consent orders are typically final, child arrangement consent orders can be revisited if circumstances change significantly, as the court's priority is the child’s welfare. However, any future changes to child arrangements require a new court application and are not automatic.

5. Reduced Risk of Litigation

  • Encourages Compliance: The binding nature of a consent order encourages compliance, as both parties know the order is enforceable, and non-compliance can lead to immediate legal consequences.
  • Discourages Frivolous Claims: A consent order discourages parties from pursuing frivolous or unnecessary litigation on the same issue, as they know that the court has already approved a binding agreement. This provides both parties with greater legal certainty and minimizes the risk of repeated disputes over settled matters.

6. Potential Exceptions

  • Exceptional Grounds for Set Aside: If significant factors such as fraud, non-disclosure, or mistake are later discovered, the court may, in rare instances, set aside the consent order. However, this is uncommon and requires substantial proof.
In summary, a consent order creates a legally binding resolution to a dispute that restricts future litigation on the same issues, promotes compliance, and generally limits the potential for modifications or appeals. Its impact on future legal proceedings is thus one of finality and enforceability, giving both parties a clear framework for managing any further issues related to the original dispute.
In litigation, a Consent Order is typically used as a tool to resolve disputes without proceeding to a full trial. It allows the parties involved to reach a mutually agreed settlement that is formalized and enforced by the court. This approach provides legal certainty, saves time and costs, and often preserves relationships that might otherwise suffer in contentious litigation. Here’s how consent orders are commonly used in litigation:

1. Settlement of Disputes Without Trial

  • Alternative to Full Trial: A consent order acts as an alternative to a court ruling after a full trial. Instead of presenting evidence and arguing before a judge, both parties negotiate terms and agree to settle the dispute. This agreement is then documented and presented to the court for approval.
  • Binding Agreement: Once approved by the court, the consent order becomes legally binding, meaning both parties must adhere to its terms as if the court had ruled on the dispute after a trial. This prevents either party from reopening the issue and seeking additional remedies on the same matter.

2. Types of Cases Where Consent Orders are Commonly Used

  • Family Law Cases: In divorce or separation cases, consent orders are used to settle financial arrangements, asset division, spousal support, and child arrangements. The order ensures these terms are enforceable, offering both parties clarity and security.
  • Debt and Financial Disputes: In cases where a debt is owed, the creditor and debtor may agree on a repayment plan through a consent order, which avoids the need for debt recovery litigation. This can include structured payments, lump-sum settlements, or interest adjustments.
  • Employment and Workplace Disputes: Consent orders can resolve disputes over wrongful dismissal, unpaid wages, or discrimination claims. In such cases, the order might outline compensation, reinstatement terms, or other agreed-upon remedies.
  • Commercial and Contractual Disputes: Business disputes over contracts, services, intellectual property, or trade practices are also commonly resolved through consent orders. The order might dictate revised contract terms, compensation, cessation of certain activities, or confidentiality clauses to protect business interests.

3. Process of Implementing a Consent Order in Litigation

  • Negotiation and Agreement: Both parties, often with legal representation, negotiate terms to resolve the dispute. This process can take place informally or with the help of a mediator or arbitrator.
  • Drafting the Consent Order: Once terms are agreed upon, a draft consent order is prepared that specifies each party’s obligations and rights, along with any specific actions or payments required. The document is then submitted to the court.
  • Court Review and Approval: The court reviews the consent order to ensure that the terms are fair, lawful, and that both parties fully understand and agree to them. Once approved, the consent order is formalized as a court order.

4. Enforcement and Consequences of a Consent Order in Litigation

  • Immediate Enforceability: Once the consent order is issued, it becomes enforceable by law. If either party fails to comply with its terms, the other party can apply to the court for enforcement.
  • Court Intervention in Case of Breach: In the event of non-compliance, the party seeking enforcement may request legal actions such as fines, garnishment of wages, or asset seizure, depending on the nature of the breach. In some cases, breach of a consent order can result in contempt of court charges.

5. Advantages of Using Consent Orders in Litigation

  • Efficiency and Cost Savings: By avoiding a full trial, parties save on legal fees and court costs. It also reduces the time required to resolve the dispute.
  • Privacy and Confidentiality: Since trials are often public, using a consent order can protect sensitive information. In cases involving trade secrets, intellectual property, or personal financial details, a consent order allows the terms to remain private between the parties.
  • Flexibility: Consent orders provide flexibility, allowing the parties to reach creative solutions that might not be available through a court judgment. This can include flexible payment plans, unique asset division arrangements, or non-monetary agreements.

6. Limitations of Consent Orders in Litigation

  • No Trial Judgment: Since a consent order is a mutually agreed settlement, it does not carry the same judicial analysis as a trial judgment. It may lack the detailed legal findings that a full trial judgment provides.
  • Limited Appeal Rights: Generally, consent orders cannot be appealed unless there is evidence of non-disclosure, fraud, or undue influence. This finality limits each party’s recourse if they later become dissatisfied with the terms.
  • Requirement of Mutual Consent: Since a consent order requires both parties to agree, it’s not viable in cases where one party refuses to negotiate. Without mutual agreement, litigation may be the only option for resolution.

7. Examples of Consent Orders in Practice

  • Debt Repayment Plans: In debt-related litigation, a debtor might agree to a structured repayment plan, allowing them to avoid a bankruptcy order.
  • Employment Settlement: An employer and employee may settle a wrongful dismissal claim with an agreed-upon compensation package, reinstatement terms, or other terms, which are documented in a consent order.
  • Business Contract Modifications: Companies involved in a contractual dispute may use a consent order to amend contract terms and prevent future litigation, often agreeing to confidentiality on sensitive information.
In summary, a consent order in litigation is a valuable tool for resolving disputes efficiently and privately, avoiding the need for a trial. It allows the parties to establish a legally binding resolution with the court's oversight, enforceable by law, while giving them flexibility and control over the settlement terms.
On average, it takes between 7 and 8 months to get divorced. Once the court have issued the divorce application, you must wait a minimum of 20 weeks before you can apply for the conditional order.  After the court grant the conditional order, you must wait a further 6 weeks and 1 day before you can apply for the final order of divorce.
Yes, provided your spouse is habitually resident or domiciled in England and Wales.
The court will always expect you to make an effort to locate your spouse before starting divorce proceedings.  Sometimes, this may involve some social media digging or contacting your spouse’s family or friends to obtain an address.  We appreciate that this is not always possible so you may need to appoint a ‘no trace, no fee’ process server to locate your spouse. If you have exhausted every avenue trying to locate your spouse, we can apply to the court on your behalf and ask them to dispense with service.  Please note that this is an additional application for which we charge £150.
Yes, however, if you have chosen one of our managed divorces with a clean break or consent order, we cannot draft the order until both of you are in full agreement.
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