How to Write a Consent Order (Step-by-Step, UK)

The structure judges expect

Whether you are drafting on a blank page or using guided software, the finished document has to hit the same sections in the same order:

1. Heading — the court, the case number, the parties
2. Recitals — factual background and agreed facts
3. Undertakings — personal promises to the court
4. Order paragraphs — the operative provisions: property, pensions, lump sums, spousal maintenance
5. Clean-break clause — where the parties are ending future claims
6. Costs — express provision about who pays what
7. Signatures — both parties, dated

Each section is covered below.

1. Heading and parties

The heading identifies the court, the case number, and both parties. It also names the document type — a Financial Consent Order made on the parties' joint application.

Names must exactly match those on the divorce application. Aliases, married surnames the parties no longer use, or informal names cause queries.

2. Recitals

Recitals sit at the top and record the factual background — they are not orders, but they anchor the order in the parties' agreed facts. Standard recitals include:

• The date of the Conditional Order in the divorce (the order cannot take effect before this)
• That the parties have reached agreement on the financial arrangements
• Any specific factual assumptions (for example, that the applicant will occupy the family home until sale)
• The valuation basis for pensions where a percentage share is being made (typically CETV as at a stated date)

3. Undertakings

An undertaking is a personal promise made to the court. It is enforceable — breach can be treated as contempt — but it isn't strictly part of the order itself. Undertakings are used where the court cannot order something directly but the parties want to bind themselves anyway.

Common undertakings:

• To discharge a specific debt, mortgage or loan
• To keep a life assurance policy in force for a stated period
• To notify the other party of a specified event (a re-mortgage, a sale)
• To indemnify the other party against any liability under a joint account

4. Order paragraphs — the operative provisions

This is the substance of the order. Draft each provision as a numbered paragraph. The most common categories:

Property

Choose one of: sale with division of proceeds, transfer to one party, or deferred sale (Mesher order). Whichever you use, the clause must specify:

• Address of the property
• Percentages of the net proceeds each party takes
• Who is responsible for the mortgage until sale/transfer
• Timing (a fixed date, on a triggering event such as the youngest child turning 18, or "as soon as reasonably practicable")
• Indemnity for the transferring party

Pensions

Pension provisions are the highest-risk drafting area for DIY orders because pension schemes will not implement an order they cannot read cleanly. Every pension paragraph should include:

• The scheme name, exactly as it appears on the CETV
• The member (which party holds the pension)
• The type of provision — pension sharing (percentage transfer), pension attachment, or offsetting
• For pension sharing: the percentage share of the member's benefits

Lump sums

State the amount, the payer, the payee and the date by which payment must be made. If paid in instalments, list each instalment separately with its own date.

Spousal maintenance

If the settlement includes ongoing spousal maintenance, state amount, frequency, start date, end date (or termination event), and whether it will be index-linked. Note: ongoing spousal maintenance is inconsistent with an income clean break — you cannot have both.

5. Clean-break clause

A clean-break clause ends future financial claims. Most Consent Orders in England and Wales include one, either for both capital and income (full clean break) or for capital only (with ongoing income provision).

6. Costs

Consent Orders should contain an express costs provision. In amicable cases the standard clause is that each party bears their own costs — worded as "no order as to costs".

7. Signatures

Both parties sign the draft order and date their signature. A brief statement above the signatures confirming both consent to the order is standard practice. Signatures do not need to be witnessed for the order itself, though some solicitors add witness lines for evidential comfort.

Common drafting mistakes and how to avoid them