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Draft Consent Order/Separation Agreement

Posted by SJA 
SJA
Draft Consent Order/Separation Agreement
January 22, 2026 06:18PM
Hi All,
During our 20 week wait period, my wife and I agreed and signed a separation agreement outlining what we want from a financial settlement.
Now that we have the conditional order, we are able to apply for the consent order. Are we able to just attach the separation agreement from August last year in place of a 'Draft Consent Order' or do we need to have a new draft drawn up? Many thanks for your help
Re: Draft Consent Order/Separation Agreement
January 23, 2026 12:22PM
A consent order takes a very specific format and you will need the help of a lawyer to draw it up. For instance a separation agreement might read, 'X and Y agree to sell the matrimonial home and divide the proceeds equally'. A consent order will read something like, 'By consent upon decree absolute it is ordered that 2 Acacia Drive etc be sold forthwith, that the gross proceeds of sale shall be used to pay of the mortgage to AB Building Society, to pay the estate agent's and conveyancing costs and that the net proceeds of sale shall be divided equally between A and B. A and B shall have joint conduct of the sale. Liberty to apply.'

Please note that is only approximate wording to try to give you an idea of the difference in language between a separation agreement and a consent order. The court will not draft the consent order for you. And you will need legal help to draft the consent order because it is very technical and there can be serious consequences if it is not done properly. If terms are already agreed then getting legal help to draft the consent order should not break the bank. Mind you, if you are wise you will also have taken legal advice before entering into the separation agreement.
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