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Consent orders vs court orders

You may wish to seek either depending on your circumstances.

You can apply for a consent order or a court order following mediation. What is most suitable depends on your circumstances.

You need to at least attend a mediation information and assessment meeting (MIAM) to apply for a court order.

Consent orders are legally-binding, mutual agreements that give ex-partners a clear financial break and formalise agreements reached through mediation. They must be drafted by a solicitor. Consent orders ensure that the agreements you reach with your ex-partner are legally enforceable.

You may wish to apply for a court order if you cannot reach a consensual agreement with your ex-partner. Court orders are legally-binding court decisions for matters that include child arrangements, parental responsibilities, and the division of finances. You must at least attend a MIAM to apply for a court order through family courts.

Consent orders

The steps you'll need to go through to make your arrangements legally binding.

You need to first negotiate your plans for things like parental responsibilities and financial settlements with your ex-partner. We recommend you do this through family mediation, which is a quicker and more cost-effective way to explore your options. You can also reach agreements via solicitors.

This must be done by a solicitor. Only one ex-partner needs to meet with a solicitor, which can minimise costs. Drafting the consent order takes around two months and costs roughly £600-£1,000. Most separated couples will choose to share the cost.

A family court must approve your consent order. The court will ensure the agreement is fair and reasonable.

Court orders

The different types of court order you can apply for after attending a MIAM.

This order covers two main aspects of a child’s living arrangements following parental separation:

  • where and with whom the child will live
  • how and when the child will spend time with the other parent, guardian, or significant individuals in the child’s life.

A CAO can also include provisions regarding the child’s education, holidays, and other aspects of their upbringing. The court prioritises the child’s best interests when making a CAO, considering factors such as the child’s wishes, the parents’ capabilities, and the child’s emotional, educational, and physical needs. 

This order can cover a range of financial matters, including the division of assets, properties, savings, pensions, income, and spousal maintenance payments.  

Financial orders aim to achieve a fair distribution of finances, ensuring both parties and any children involved are adequately provided for following separation. The court considers various factors such as the length of a marriage, the financial needs of each party, financial contributions, and future earning potential when making these decisions. 

This order grants a person parental responsibility for a child. Typically, this applies to unmarried fathers, step-parents, or other individuals who wish to acquire parental responsibility. 

These include adoption orders, non-molestation orders, and prohibited steps orders. You can find further details about all relevant court orders in the PDF below.

More information