Can I Draft My Own Consent Order?

Can I Draft My Own Consent Order?

During a divorce or separation, financial agreements between you and your ex-partner are often required to move on with your lives. One way to formalise these agreements is through a Financial Consent Order, which ensures that all financial ties are legally settled. In this blog, we’ll explore whether you can draft your own Consent Order and discuss the potential risks involved.

What is a Consent Order?

A Consent Order is a legally binding document, approved by a court, that formalises the financial agreement between divorcing spouses. It details how assets such as property, savings, pensions, and debts will be divided, and may include child or spousal support arrangements. Once approved by the court, it becomes enforceable by law.

Without a Consent Order, either party could make financial claims against the other even many years after the divorce. Therefore, it’s important to have one in place, to ensure the financial arrangements are final. For more details, visit our Guide on Consent Orders.

Can You Draft Your Own Consent Order?

 Technically, yes, you can draft your own Consent Order. The court does not require you to hire a solicitor, and some people choose to go down the DIY route to save costs. However, this approach comes with significant risks.

Risks of Drafting Your Own Consent Order

Family law in England and Wales can be complex, and drafting a Consent Order without proper legal guidance can lead to several issues:

• Legal Language – Consent Orders must be written in precise legal language. Without the necessary legal expertise, the court may reject your order, causing delays, additional costs, and frustration.
• Financial Considerations – You might overlook critical elements such as pensions, which can be one of the most valuable assets in a marriage. Missing out on key financial details could expose you to future claims.
• Enforceability – If the order is not drafted correctly, it may not be enforceable, leaving you vulnerable to future disputes.
• Court Approval – Even if you manage to draft the document, the court could refuse to approve it if they feel it’s unfair or doesn’t meet legal criteria. This would delay the process further.

What Are Your Options?

If you’re concerned about the cost of having a Consent Order professionally drafted, it’s worth weighing up your options:

Option 1 – Draft Your Own Consent Order

This is the least advisable option unless you have a very simple agreement. Even in straightforward cases, the risks mentioned above still apply.

Option 2 – Use a Template or Online Service

Some websites offer templates or DIY packages. While these may be cheaper, they don’t provide the tailored advice a solicitor would offer. Some services offer reviews by a legal professional, but they still come with a risk of rejection by the court.

Option 3 – Solicitor Drafted Consent Order

A solicitor can draft your Consent Order, ensuring all assets are covered, and the legal language is correct. While this is the safest route, it can be costly. You can find more about our solicitor-drafted Consent Orders for complex cases.

Option 4 – Family Mediation (Mediate UK’s Consent Order Package)

Family mediation offers a more cost-effective way to reach a financial agreement. At Mediate UK, we combine mediation with legal drafting, offering a Consent Order package that includes solicitor services at a lower cost. This ensures that your agreement is professionally written and legally binding.

What if We’ve Already Reached an Agreement?

If you and your ex-partner have already agreed on financial terms, we offer a process called Facilitation to formalise your agreement into a legally binding document. This is ideal for couples who don’t need mediation but want to ensure their agreement meets legal requirements.

Our Facilitation packages offer a flexible and secure option, depending on the complexity of your agreement. You provide your agreed terms, and our experienced team, in collaboration with a solicitor, will draft the Consent Order to meet court standards.

Summary

While drafting your own Consent Order is possible, it’s often not advisable due to the complexities of family law. Financial arrangements post-divorce are very important and leaving them to chance can result in future disputes. By exploring your options and choosing the right approach, you can ensure that your financial future is secure.