Reaching a financial agreement during divorce is a significant step, but it is not the end of the process. To make that agreement legally binding, it must be formalised through a Consent Order approved by the Court.

What is a Consent Order?

Once an agreement has been reached, two key documents must be prepared:

• Consent Order: Setting out the terms of the financial agreement; and
• D81 Statement of Information: Summarising each party’s financial position both before and after the agreement.

The purpose of these documents is to allow the Court to assess whether the proposed settlement is fair. Importantly, they cannot be submitted until the Conditional Order of Divorce has been pronounced.

What happens after submission?

Once filed, a Judge will usually consider the documents “on paper”, without the need for a hearing. This process typically takes two to three months, depending on Court timescales.

If the Judge is satisfied, the Consent Order will be approved and sealed, making it legally binding. However, it will not formally take effect until the Final Order of Divorce is granted, although in practice, many of the terms can still be implemented beforehand.

Should you implement the agreement early?

It can be tempting to move forward quickly, particularly where a property sale or transfer is involved. However, proceeding before the Consent Order is approved and sealed carries important risks.

1. The risk the Court does not approve the agreement

The Court does not simply “rubber stamp” agreements. It has a duty to ensure that any settlement is fair, taking into account the factors set out in Section 25 of the Matrimonial Causes Act 1973.

If the Judge has concerns:

• They may request further written information from both parties;
• If concerns remain, the matter could be listed for a hearing;
• In more complex cases, the Court could ultimately refuse approval and move towards a final hearing where a Judge decides the outcome.

If you have already implemented parts of the agreement, such as selling or transferring a property, this can create significant complications if the Court later declines to approve the terms.

2. The risk of one party changing their position (reneging on the agreement)

Until the Consent Order is approved and sealed, the agreement is not legally binding. This means that either party could change their mind.

If you proceed with implementation too early for example, by selling a property or dividing sale proceeds, there is a risk that the other party may attempt to withdraw from the broader agreement.

In such circumstances, you may be forced to make a Court application to enforce the agreement, leading to additional cost, delay and uncertainty.

A cautious but practical approach

While it is understandable to want to move matters forward without delay, the safest course is usually to wait until the Consent Order has been approved and sealed before implementing key aspects of the agreement, particularly where significant assets are involved.

A Consent Order provides certainty, finality and legal protection. Without it, even a carefully negotiated agreement can remain vulnerable.

Final thoughts

A financial agreement is only as secure as its legal foundation. Taking the extra step to formalise your settlement through a Consent Order ensures that both parties are protected, and that the agreement you have worked hard to reach is one you can rely on for the future.

If you need any assistance with a Family Law matter, please do not hesitate to contact our experienced Family Team at Mayo Wynne Baxter on 0800 84 94 101. Our specialist team can advise you as to the best possible ways to resolve matters.

When you reach a financial agreement on divorce, it is essential to formalise that agreement properly. Two key documents in this process are the Financial Remedy Order and the D81 Statement of Information. Together, they ensure that your agreement is clearly recorded, properly scrutinised by the court, and ultimately made legally binding.

The Financial Remedy Order

The Financial Remedy Order (also called a Consent Order) sets out the terms of the financial agreement reached between you and your spouse.

Before submission to the court, it is important you obtain legal advice to ensure it accurately reflects what has been agreed and that there are no material omissions.

Once approved by the court, the Order becomes legally binding and enforceable, so it is crucial that you fully understand its contents and effect.

What does the Financial Remedy Order include?

The document is structured into several key sections:

Definitions

These are used to avoid repetition and ensure consistency throughout the document.

Recitals

These provide background information and context. They assist the court when considering whether to approve the Order but do not form part of the binding terms.

Agreements

This section covers matters that cannot properly be included as a formal undertaking or Order but nevertheless record what has been agreed between the parties.

Undertakings

Undertakings are formal promises made to the court. They carry significant weight. If an undertaking is breached, the person who gave it may face serious consequences, including fines, seizure of assets and imprisonment for contempt of court.

Orders

This is the operative part of the document where the court exercises its powers to make legally binding directions.

What is the D81 Statement of Information?

The D81 Statement of Information is a standard court form that must be submitted alongside a Financial Remedy Order when seeking court approval. The D81 provides the court with a financial snapshot of both parties before implementation of the agreement and after implementation of the agreement. This allows the Judge to assess the overall assets of the marriage and whether the proposed settlement is fair and reasonable. Without this information, the court cannot approve the Financial Remedy Order.

Pension Sharing Annex

Where a pension share has been agreed, a Pension Sharing Annex will also be required. This document provides the pension provider with the information needed to implement the pension sharing order. Before the Order is finalised, the Annex is usually sent to the pension provider for approval to ensure it will be accepted and implemented without delay.

Summary

The Financial Remedy Order and D81 are not just administrative steps, they are central to ensuring your financial settlement is accurate, fair and legally binding. Taking the time to review these documents carefully can avoid significant issues in the future. This is something we can assist you with.

If you need any assistance with a Family Law matter, please do not hesitate to contact our experienced Family Team at Mayo Wynne Baxter on 0800 84 94 101. Our specialist team can advise you as to the best possible ways to resolve matters.

When a relationship breaks down, one of the most immediate concerns is often the family home, especially where it is legally owned by only one spouse. In these circumstances, the non-owning spouse may still have important legal protections known as Home Rights.

What are Home Rights?

Home Rights arise under family law and are designed to ensure that a spouse or civil partner is not unfairly excluded from the home they have been living in, even if they do not legally own it.

These rights apply where:

• The property is in the sole name of one spouse or civil partner, and
• It has been used as the matrimonial or civil partnership home.

Importantly, Home Rights do not give you ownership of the property, they simply provide a right of occupation and protection.

What do Home Rights allow you to do?

Home Rights provide two key protections:

• If you are living in the property: You have the right not to be evicted or excluded from all or part of the property without a court order.
• If you are not living there: You may be able to apply to the court for permission to enter and occupy the property.

These rights can be particularly important in situations where one party seeks to take control of the home following separation.

Registering a Home Rights Notice

To strengthen this protection, you can apply to the Land Registry to enter a Home Rights Notice against the property.

This has the following effect:

• The legal owner will be notified of the application.
• It ensures that your rights are visible to third parties.

Most importantly, it means that:

• Any buyer or lender is put on notice of your interest.
• Your rights will bind third parties who later acquire an interest in the property.

While the registered owner is not prevented from selling or mortgaging the property, in practice a transaction is unlikely to proceed unless your interest is resolved first.

How long do Home Rights last?

Home Rights are not indefinite. They will usually:

• Continue only while the marriage or civil partnership subsists, and
• Come to an end upon the Final Order of Divorce (or Final Dissolution Order).

However, there is an important exception:

• You can apply to the court to extend these rights beyond divorce, provided the application is made before the Final Order of Divorce is granted.

How do Home Rights fit into financial settlements?

In practice, registering a Home Rights Notice is a common protective step during separation.

However, these rights are typically:

• Temporary, and
• Addressed as part of the overall financial settlement.

For example, an agreement or court order may include:

• When the Home Rights Notice will be removed, and
• What happens to the property (e.g. sale, transfer, or deferred sale).

Key takeaway

Home Rights can provide crucial short-term protection if you are not the legal owner of the family home, ensuring you are not excluded and giving you time to resolve financial matters.

However, they are not a substitute for ownership or a final financial settlement and should be considered as part of a wider legal strategy following separation.

If you need any assistance with a Family Law matter, please do not hesitate to contact our experienced Family Team at Mayo Wynne Baxter on 0800 84 94 101. Our specialist team can advise you as to the best possible ways to resolve matters.

When dealing with child arrangements, many parents are surprised to learn that the Court does not automatically make an Order, even where there is disagreement. This is because of what is known as the “No Order” principle.

In simple terms, the Court must be satisfied that making an Order would be better for the child than making no Order at all. If parents are able to cooperate effectively and arrangements are working, the Court may decide that formalising matters is unnecessary.

Why consider an Order?

While the idea of avoiding Court intervention may sound appealing, there are several practical benefits to having an Order in place:

• Prevents unilateral changes: Without an Order, one parent can alter arrangements at any time, increasing the risk of disputes and confusion.
• Provides protection against inconsistency: It can help where one parent makes last-minute cancellations, changes plans without agreement, or begins restricting contact.
• Creates a clear framework: An Order acts as a safeguard, ensuring arrangements cannot easily be manipulated.
• Supports the child’s wellbeing: Consistency and routine provide children with reassurance, helping them understand when they will see each parent and what to expect week to week and during holidays.
• Reduces conflict: With less need for ongoing negotiation, there are fewer opportunities for disagreements to arise.
• Demonstrates focus on the child: Seeking an Order can show a commitment to stability and acting in the child’s best interests.
• Legally enforceable: If one parent does not comply without good reason, the Court has the power to intervene and enforce the arrangements.
• Offers long-term security: Without an Order, issues may require starting legal proceedings from scratch if problems develop later.

When might “No Order” work?

There are situations where formalising arrangements is not necessary. A “No Order” approach may be appropriate if:

• Strong and respectful communication: Communication between parents is strong and respectful.
• Consistency and reliability: Both parents are reliable and consistent.
• Current arrangements: Current arrangements are working well.
• Confidence: Each parent feels secure in their role.
• Trust: There is a high level of mutual trust.

A practical reality

While a cooperative, flexible arrangement is often the ideal, it depends heavily on sustained goodwill and communication over time. Unfortunately, this is not always realistic, particularly where relationships are strained or circumstances change.

Striking the right balance

Ultimately, the question is not whether an Order is desirable in principle, but whether it is necessary in practice. For many families, an Order provides clarity, certainty and a protective framework that helps reduce conflict and supports the child’s stability.

If you are unsure whether to formalise your arrangements, seeking early legal advice can help you make an informed decision tailored to your circumstances.

If you need any assistance with a Family Law matter, please do not hesitate to contact our experienced Family Team at Mayo Wynne Baxter on 0800 84 94 101. Our specialist team can advise you as to the best possible ways to resolve matters.

The law

The law governing property disputes between unmarried couples is very different from the law that applies to married couples. If the parties were married, the Court would have wide discretionary powers under the Matrimonial Causes Act 1973. For unmarried couples (often referred to as cohabitants), claims are instead governed by the Trusts of Land and Appointment of Trustees Act 1996. This is a complex area of law in which Judges have wide discretion, meaning outcomes can be difficult to predict.

Office Copy Entries from the Land Registry will confirm who is registered as the legal owner of the property. The legal owner of a property is the person registered at the Land Registry. The beneficial owner is the person entitled to its benefits.

Jointly owned property

Joint Tenants

If you own the property as joint tenants, you both own the whole of the property together and are treated as a single legal entity. The starting point is that the property is owned in equal shares (50:50), even if one party contributed more financially, unless there is evidence that the parties subsequently intended a different arrangement.

Tenants in Common

If you own the property as tenants in common, the beneficial ownership is divided into specific shares. The starting point is the shares set out in the Transfer Deed or any Declaration of Trust, unless there is evidence that the parties subsequently intended a different arrangement.

Solely owned property

Where a property is owned in one person’s sole name, the starting position is that the legal owner also owns the entire beneficial interest. However, the other party may still be able to claim a beneficial interest in the following ways:

Express Declaration of Trust

Where the Transfer Deed states that the property is held on trust, or where there is a separate written Declaration of Trust setting out the beneficial ownership.

Resulting Trust

Where the other party has made financial contributions to the purchase price, mortgage or improvements, and there was a common intention that their beneficial interest would reflect those contributions.

Constructive Trust

Where there was a common intention that the other party would have a beneficial interest and they acted to their detriment in reliance on that intention. For example, giving up a career to care for children may allow the Court to infer such an intention.

Proprietary Estoppel

Where the legal owner led the other party to believe they had a beneficial interest, the other party relied on that belief to their detriment, and it would be unfair for the legal owner to deny that interest.

How to resolve the dispute

You should try to reach a negotiated settlement either direct or through solicitors. If an agreement cannot be reached, either party may apply to the Court for a determination. Before issuing proceedings, alternative dispute resolution methods, such as mediation, arbitration, neutral third-party evaluation and collaborative law should be considered. Resolving disputes early without Court proceedings is encouraged. In most cases, parties are required to follow a Pre-Action Protocol before commencing Court proceedings. This sets out the steps the Court would usually expect parties to take, including the exchange of a Letter of Claim, a response and relevant documents.

What factors will a Judge consider?

When deciding the claim, the Court will consider:

1. The intentions of the parties.
2. The purposes for which the property is held.
3. The welfare of any minor who occupies or might reasonably be expected to occupy the property.
4. The interests of any mortgage lender or other beneficiary.

What Orders can the Judge make?

The Court can make the following Orders:

1. The Court can determine who is entitled to occupy the property, who holds the legal and beneficial ownership and in what proportions. However, the Court cannot change co-ownership or adjust the ownership percentages.
2. The Court can order the property to be sold, with the proceeds divided between the parties. The Court cannot force one party to sell directly to the other but may order a sale with a pre-emption period allowing one party to buy.
3. Even where shares are agreed, either party can seek an adjustment for contributions made after separation, such as mortgage payments, occupation rent or improvements. This is called equitable accounting. Only post-separation contributions are usually considered. The Court has discretion to adjust shares to achieve a fair outcome and will generally take a broad approach, requiring supporting evidence.

Costs

Costs are at the Judge’s discretion, but the usual position is that the unsuccessful party is ordered to pay the majority of the successful party’s costs.

Claims under Schedule 1 of the Children Act 1989

Where an unmarried parent has the care of a child, they may be able to apply under Schedule 1 of the Children Act 1989 for financial provision. These claims are needs-based ‘top-up’ provisions and can be complex to pursue.

The Court can make Periodical Payments Orders, usually for situations outside the statutory child maintenance scheme, such as for educational expenses, disability-related costs or where the child’s age falls outside the scheme.

The Court can also make Capital Orders, including Lump Sum Orders (e.g. for school fees or a family car) or property-related orders. Property orders can involve transferring or settling property to the Applicant for the child’s benefit until a specified event (e.g. the child turns 18 or completes education) or directly to the child.

If you need any assistance with a Family Law matter, please do not hesitate to contact our experienced Family Team at Mayo Wynne Baxter on 0800 84 94 101. Our specialist team can advise you as to the best possible ways to resolve matters.

Non-Molestation Orders

Non-Molestation Orders are made under the Family Law Act 1996. They are designed to protect an individual from harassment, threats, violence or other forms of abuse.

In applications of this nature, the person making the application is known as the Applicant and the person responding is the Respondent.

A Non-Molestation Order can only be made to protect a person associated with the Applicant (e.g. a current or former partner, family member, or someone they live or have lived with) or a relevant child.

The Court has a wide discretion when deciding whether to grant or refuse an Order. It will consider all the circumstances, with particular focus on securing the health, safety and wellbeing of the Applicant. There must be evidence of ongoing or recent molestation, and the Applicant must demonstrate a need for protection. Health includes both physical and mental health. Molestation can include physical, sexual, psychological abuse or harassment that has a serious impact on the Applicant’s wellbeing. The Judge must be satisfied that Court intervention is necessary to control the Respondent’s behaviour.

Breaching a Non-Molestation Order without reasonable excuse is a criminal offence.

Without Notice Hearing

In most cases, the Respondent will be given notice of the application and both parties will attend a Hearing to make representations. However, where there is a risk of significant harm if an Order is not made immediately, the Applicant may apply for a without notice Non-Molestation Order. In these circumstances only the Applicant attends the initial Hearing. If the Judge grants the Order, a further Hearing (known as a Return Hearing) will be listed. The Respondent will then be given notice and an opportunity to respond.

Responding to a Non-Molestation Order

The Respondent must complete Form FL435 (Response to a Non-Molestation Order) promptly, indicating whether they agree or disagree with the Applicant’s Statement. The completed form must be sent to both the Court and the Applicant at least 5 days before the Hearing.

Return Hearing

At the Return Hearing the Judge may:

1. Continue the Non-Molestation Order for a set period.
2. Discharge the Non-Molestation Order.
3. Continue the Non-Molestation Order and request further evidence.
4. Accept an undertaking instead of a Non-Molestation Order.
5. Order cross-undertakings from both parties.

An undertaking is a formal promise to the Court. Breach of an undertaking is contempt of Court and can result in enforcement proceedings, though it is not a criminal offence.

Undertakings may be given by one or both parties and can avoid the need for a full trial. Importantly, giving an undertaking does not involve an admission of guilt. The Court will not accept an undertaking where it considers that violence has been used or threatened and that a protective Order is necessary.

Special Measures

A party can apply for special measures at Hearings e.g. separate waiting areas and screens.

Duration of Order

Non-Molestation Orders are typically made for 6 or 12 months, unless there are exceptional circumstances.

Costs

The Court has discretion when it comes to costs. There is a risk that the unsuccessful party may be ordered to pay the other party’s costs. Even where a party is successful, any Costs Order will depend on the parties’ respective financial circumstances.

If you need any assistance with a Family Law matter, please do not hesitate to contact our experienced Family Team at Mayo Wynne Baxter on 0800 84 94 101. Our specialist team can advise you as to the best possible ways to resolve matters.

We know that experiencing domestic abuse is devastating and seeking protection through the Family Court can feel overwhelming. For many victims and survivors, the thought of facing perpetrators in court, combined with delays and complex processes can add to the trauma.

The Government’s newly published strategy on ending violence against women and girls (EVAWG) aims to make the Family Court a place of safety, not fear, and to ensure victims and children are protected from harm.

What Is the Strategy About?

On 18th December 2025, the Government launched a ten-year mission to EVAWG in the UK. The plan focuses on:

• Tackling the root causes of abuse
• Pursuing perpetrators with stronger accountability measures
• Providing comprehensive support for victims and survivors

Family Court Reforms

The strategy acknowledges that too many victims report negative experiences in court, often feeling re-traumatised. To address this, the Government intends to:

• Reduce opportunities for perpetrators to misuse legal processes.
• Strengthen protections for victims, survivors, and children.
• Embed a trauma-informed approach across the system.

The aim is to create a culture that prioritises safety, accountability, and child welfare.

What Does This Mean for You?

The Domestic Abuse Commissioner has welcomed the strategy but stressed the need for long-term, sustainable funding to make these changes effective. For families navigating separation or child arrangements, these reforms could mean a safer, more supportive court process.

How Can We Help?

At Mayo Wynne Baxter, we understand the emotional and practical challenges faced by victims and survivors of domestic abuse. Our experienced Family Law team can:

• Advise on protective measures, such as non-molestation and occupation orders.
• Support you through child arrangements and financial matters.
• Help you navigate the Family Court process with trauma-informed guidance.
• Connect you with trusted support services and resources.

If you or someone you know is affected by domestic abuse, please contact us today for confidential advice. We are here to help you feel safe and supported every step of the way.

Family Justice Council Guidance on Neurodiversity in the Family Justice System: A Welcome Step for Families and Practitioners

We understand that navigating the complexities of the family justice system can be overwhelming, especially navigating legal jargon, unclear deadlines and an abundance of paperwork.  Whether you’re a parent, child, or involved in any family law matter, it’s essential that the justice system is fully equipped to cater to the diverse needs of all individuals. That’s why the recent Family Justice Council’s Guidance on Neurodiversity in the Family Justice System for Practitioners is a welcome step forward.

Why is this Guidance Important?

It is estimated that 1 in 7 people in the UK are neurodivergent. Whether you’re going through divorce, dealing with child arrangements, or any other family law matter, these conditions can significantly impact how individuals process information, communicate, and respond to the demands of the legal system.

Key Points from the Family Justice Council Guidance

The Family Justice Council’s guidance offers a number of practical recommendations to help practitioners support clients with neurodiversity. Here are some of the key takeaways:

Understanding Neurodiversity: The guidance emphasises the importance of recognising that neurodiversity is a different way of thinking and processing information. Practitioners are encouraged to adopt a more inclusive approach when working with clients, avoiding assumptions, and instead, tailoring their communication and procedures to meet the individual needs of each person.

Adapting Communication Methods: One of the most important aspects of the guidance is the recommendation to adjust communication methods. This could include providing written summaries of verbal instructions, using visual aids, or offering extra time for clients to process information. Such adjustments can make a significant difference in ensuring that neurodiverse clients feel heard and understood throughout the legal process.

Encouraging Participation: For many neurodivergent individuals, participating in legal proceedings can be daunting. The guidance advocates for supporting clients in ways that encourage full participation in the process, including using specialists or advocates if necessary, to ensure their voices are fully represented.

Recognising the Impact on Decision-Making: The guidance highlights the potential challenges neurodivergent individuals may face in terms of decision-making, particularly in high-pressure situations. By recognising these challenges, family law professionals can take extra care in helping clients make decisions that are in their best interests and in the best interests of their families.

Supporting Parents and Children: The guidance also underscores the importance of considering the needs of both parents and children who may have neurodiverse conditions.

How Mayo Wynne Baxter Solicitors Can Help

At Mayo Wynne Baxter, we are committed to providing a compassionate and understanding approach to family law matters. We recognise that every family is unique, and that includes understanding and respecting neurodiversity. Our experienced team of family law solicitors are well-versed in the complexities of neurodiversity in the legal system and can offer tailored advice and support to ensure that all individuals have access to fair legal representation.

If you or someone you know is navigating family law proceedings and is concerned about how neurodiversity may affect the process, we encourage you to get in touch with our team.

We understand that the decision to end a marriage is one of the hardest a couple will face and it is not made easier by the prospect of having to ‘go to battle’ with one another in the Family Court. Not to mention the added fuel of congested court lists which means for considerable delays for hearings to be listed.

There are options available to our clients who are hoping to agree matters as efficiently as possible, one of them is considering attending a Private Financial Dispute Resolution Hearing, or ‘PFDR’. So, what is a PFDR and how can it help?

What happens at a private FDR hearing?

A private FDR is the equivalent to the Second Hearing in financial remedy proceedings, albeit out of the court system. At the Second Hearing and in a private FDR, a Judge will hear the submissions of both parties or their legal representatives and provide a likely outcome if the parties were to go to a final hearing. The Judge, therefore, does not impose an agreement but rather it is a means to assist with the negotiations of the parties. If, after the Judge has made an indication, one or both parties are unhappy, further negotiations can be made with their respective solicitors and revised offers can be proposed. If an agreement is not reached and a settlement cannot be agreed and formalised after the private hearing, the FDR will move to the court’s Final Hearing where the Judge will make a legally binding order.

What are the benefits?

• Speed – Often due to court congestions, hearings can take up to several months to be seen in front of a judge however, the private hearing can be booked on a date of convenience and at a short notice (dependent on judge’s availability).
• Privacy and comfort – it offers more privacy as the venue can be far more discreet than a busy court building.
• Financial specialist judge – The judge will be a financial specialist (as opposed to judges at court who may be better versed in children matters). They will have read the papers and will have plenty of time to see you when you require their input, which is often not the case in court.
• Better chance of settlement – Statistics show that around 80% of cases settle just after FDR/ private FDR stage.
• On your terms – If successful, being able to agree an outcome is in general far preferable to having one imposed on you.

What’s the catch?

No catch, however, there will be a cost of hiring a Judge privately which will not be due if matters were dealt with at court. It is the decision of the parties involved as to how this payment is divided.

How can we help?

We understand that there is no ‘one size fits all’ approach on what is suitable for our clients. We are able to advise as to if a PFDR will be most suitable in your case. We are guided by our clients’ needs and preferences and will make sure that you understand the process and feel supported throughout.

If you need any assistance with a Family Law matter, please do not hesitate to contact our experienced Family Team at Mayo Wynne Baxter on 0800 84 94 101. Our specialist team can advise you as to the best possible ways to resolve matters