Who are the "Parties" to a consent order?
The term “parties” simply refers to the two people involved in the legal proceedings:
- The Applicant
- This is the person who sends the financial remedy application to the court service.
- The Respondent
- This is the other spouse or civil partner.
- Even if both spouses agree, the document will still refer to each of them as applicant and respondent.
Unlike divorce applications there cannot be two applicants. One of you must be called the respondent.
The applicant in the divorce application can be the respondent in the consent order application and vice versa.
There is no advantage in being the applicant or the respondent. You will both need to sign all the forms and be in complete agreement.
Do both parties have to agree to the Consent Order?
Yes. A Consent Order is only valid when:
- Both parties agree voluntarily.
- Both sign the paperwork.
- A judge approves it as fair.
Applying for a clean break order if your situation is straightforward
You can use our self-guided clean break template to apply for a clean break consent order, if you have already divided your matrimonial assets (or have none to share).
