Sending consent order to court

Hello guys.

My ex and I have agreed our consent order having exchanged d81 forms. We have decree nisi.

She is the applicant and will now need to send application for decree absolute along with d81 and 2 copies of the consent order to court.

My questions are:

1. Do I need to sign one of the two copies sent to the court?

2. Do I need to write a brief statement that i agree to the consent order? In the official guidance below it says that one of the copies "must be endorsed with a statement signed by the respondent to the application signifying agreement".

3. If I do need to write a brief statement do I attach it to the copy of the order or can I write the statement at the bottom of the order itself?


Thank you in advance for any clarification.

D

A court will not approve any consent order unless it is clear that it has been signed by both parties. The clue is in the name - 'consent' order. A court will not presume consent. It needs evidence of it.

David, what happens if the other party never signs the order? Is there a time limit after which the court would say "ok one party is refusing to participate in the process"?
If nisi has been obtained, surely there must be a limit, otherwise one party could prevent a divorce simply by non-participation. Would this be the 5-year limit?

If the other party does not sign the order then there is no consent and a court cannot approve a 'consent order' without consent. If the other spouse refuses to sign then the only way of bringing matters to a conclusion is by making a formal application to the court to determine the financial issues arising from the marriage. It makes no sense to wait indefinitely for a signature which is not forthcoming.

Thanks for that information - I did wonder how such a stalemate would be avoided.