Can I draft a consent order without a solicitor?

What does English divorce law say about drafting your own consent order?

In practice, drafting a financial consent order without legal input from a qualified divorce lawyer is rarely advisable. A consent order is a binding court order made under sections 23 and 24 of the Matrimonial Causes Act 1973. It permanently dismisses or restricts financial claims after divorce. There are consent order templates online but it is not advised to use these.

Most importantly, a binding financial order ensures that the Family court has the legal authority to enforce the agreement if one party does not comply with its terms.

A poorly drafted clause within a financial order can leave a former spouse exposed to future claims, fail to implement a pension share, or be rejected outright by the district judge.

What does drafting a consent order actually involve?

When drafting a consent order, you must produce two documents before submitting it to the court.

The first is the consent order itself, which sets out the agreed division of capital, property, pensions, maintenance, and any clean break provision.

The second is Form A (notice of intention to proceed with a financial application) and Form D81 (statement of information for a consent order), both of which both parties sign to disclose their financial circumstances to the court.

The court will not approve a consent order without a properly completed Form D81, as this is their ‘summary’ of your financial position. Without it, a judge cannot approve your order, even if you both agree.

If the financial disclosure is incomplete or inconsistent, the application is returned or refused. The Form D81 also carries a statement of truth, and inaccurate disclosure can amount to contempt of court.

What are the most common drafting mistakes?

Missing or incorrect undertakings cause the most rejections. Undertakings are promises to the court and sit outside the order itself, but are recited at the front.

Common errors include omitting an undertaking to use best endeavours to secure a mortgage release, failing to address the discharge of a joint tenancy, or incorrectly referencing a pension provider.

Pension sharing orders are particularly technical and require the assistance of an experienced consent order solicitor.

The order must use the precise wording set out in the Pensions on Divorce etc. (Provision of Information) Regulations 2000 and must attach a pension-sharing annex.

A drafting error here can mean the pension provider refuses to implement the share, requiring a return to court to vary the order. The drafter of a consent order must also confirm that the cash equivalent value (CEV) is current at the date of the order.

Clean break clauses are the second most common source of error. A complete clean break dismisses claims for income, capital, property, and against the estate on death under the Inheritance (Provision for Family and Dependants) Act 1975. Self-drafted orders often dismiss only one or two of the four heads of claim, leaving the parties partially exposed.

Why most couples choose a fixed-fee drafting service

At Consent Orders Online, we draft hundreds of consent orders every year for couples who have already reached an agreement.

The service exists because the gap between a homemade order and a solicitor-drafted order is significant, but the cost gap need not be.

A fixed-fee consent order typically costs a fraction of high-street rates and is prepared by a regulated solicitor in accordance with the SRA Standards and Regulations.

If you have agreed on the financial terms with your former spouse, a fixed-fee drafting service is usually the most cost-effective route. The lawyer drafts the order, advises on undertakings, and ensures the Form D81 supports approval.

You retain control of the agreement, and you do not pay for negotiation you have already done yourselves. Couples who try to draft alone and then engage help after rejection almost always end up paying more than if they had instructed a drafter at the outset.