Drafting a consent order
Outcomes
1. Draft a consent order
2. Understand and advise a client on the procedure to obtain court approval of a draft
consent order
3. Advise a client on variation of a financial order and demonstrate an understanding of
the law on enforcement and set aside
Overview of procedure
• Rules relating to obtaining financial orders are contained in pt9 of FPR 2010
• PD3A requires attendance at a MIAM before commencing proceedings
• R.1.1(1) the overriding objective is enabling the court to deal with cases justly, having
regard to any welfare issues involved.
The procedure falls into three phases:
1. Filing of the application until the end of the first appointment
2. End of the first appointment until the end of the Financial Dispute Resolution (FDR) hearing
3. End of FDR until final hearing.
Stage 1: MIAM under s.10(1)
Must attend a MIAM prior to making an application to court, unless you fall within an exception
• Domestic abuse
• Case of urgency
• Already contacted three mediators and none are able to come within 15 days of
the date of contact.
Then the applicant can get a certificate from the mediator and present it to court with their
application if the mediation was unsuccessful.
Making the application for financial order
The petitioner applicant makes the formal application in the summary to the petition and then must
follow up the formal application in the petition by filing a notice of intention to proceed in form A.
Filing and service:
What the applicant needs to file at court:
(a) The form A in duplicate
(b) Legal aid certificate and notice if issue if LASPO applies
(c) Application fee
(d) Notice of acting where the client received legal help in the divorce and have has legal
representation.
Upon filing form A- court will fix the date for the First Appointment- 12-16 weeks
• Page 129 for the evidence that must be provided and a summary of what is
contained in the bundle- such as Form E
Stage 2: FDR appointment
The aim of the FDR is to produce a settlement, with both parties and their legal representatives
attending. All conversations at the FDR will be completely privileged.
If a settlement is reached the judge will make a consent order that reflects the agreement made.
Stage 3: final hearing
Where the final order based upon s.25 factors will be applied.
, Consent orders
once the parties have reached an agreement, the applicant’s solicitor should draw up a draft
consent order and send it to the respondent’s solicitor. To enable the court to investigate the
parties means, a statement of information must also be completed in form D81 and sign a
statement of truth. They can fill out the D81 together or separately.
• The applicant must then file the statement(s) of information together with two copies of the
draft order sought, one of which must be endorsed by the respondent to signify the
agreement.
• The district judge will either make an order on the agreed terms, or return the forms and
ask for clarification on certain aspects.
• Page 137 for the form of a draft financial order
Outcomes
1. Draft a consent order
2. Understand and advise a client on the procedure to obtain court approval of a draft
consent order
3. Advise a client on variation of a financial order and demonstrate an understanding of
the law on enforcement and set aside
Overview of procedure
• Rules relating to obtaining financial orders are contained in pt9 of FPR 2010
• PD3A requires attendance at a MIAM before commencing proceedings
• R.1.1(1) the overriding objective is enabling the court to deal with cases justly, having
regard to any welfare issues involved.
The procedure falls into three phases:
1. Filing of the application until the end of the first appointment
2. End of the first appointment until the end of the Financial Dispute Resolution (FDR) hearing
3. End of FDR until final hearing.
Stage 1: MIAM under s.10(1)
Must attend a MIAM prior to making an application to court, unless you fall within an exception
• Domestic abuse
• Case of urgency
• Already contacted three mediators and none are able to come within 15 days of
the date of contact.
Then the applicant can get a certificate from the mediator and present it to court with their
application if the mediation was unsuccessful.
Making the application for financial order
The petitioner applicant makes the formal application in the summary to the petition and then must
follow up the formal application in the petition by filing a notice of intention to proceed in form A.
Filing and service:
What the applicant needs to file at court:
(a) The form A in duplicate
(b) Legal aid certificate and notice if issue if LASPO applies
(c) Application fee
(d) Notice of acting where the client received legal help in the divorce and have has legal
representation.
Upon filing form A- court will fix the date for the First Appointment- 12-16 weeks
• Page 129 for the evidence that must be provided and a summary of what is
contained in the bundle- such as Form E
Stage 2: FDR appointment
The aim of the FDR is to produce a settlement, with both parties and their legal representatives
attending. All conversations at the FDR will be completely privileged.
If a settlement is reached the judge will make a consent order that reflects the agreement made.
Stage 3: final hearing
Where the final order based upon s.25 factors will be applied.
, Consent orders
once the parties have reached an agreement, the applicant’s solicitor should draw up a draft
consent order and send it to the respondent’s solicitor. To enable the court to investigate the
parties means, a statement of information must also be completed in form D81 and sign a
statement of truth. They can fill out the D81 together or separately.
• The applicant must then file the statement(s) of information together with two copies of the
draft order sought, one of which must be endorsed by the respondent to signify the
agreement.
• The district judge will either make an order on the agreed terms, or return the forms and
ask for clarification on certain aspects.
• Page 137 for the form of a draft financial order
