Understanding Changing an Order by Agreement
Changing a court order by agreement, also known as a consent variation, is a process where everyone affected by a court order agrees to change its terms. Instead of making a formal application for the court to decide, all parties work together to propose a new arrangement. This method is often used when circumstances have changed, and everyone involved feels a new order would better suit their needs.
A consent variation is generally a quicker and less formal way to update a court order. Because there is no dispute for the court to resolve, the process can save time, reduce stress, and lower legal costs. The court’s role is usually limited to reviewing the agreed changes to make sure they are fair and lawful before approving them.
This approach is especially common in family law, for example when parents want to change child arrangements or update financial orders after a divorce. Consent variations can also be used for other types of orders, such as maintenance payments or contact arrangements. However, it is important to remember that all parties must agree to the change – if even one person disagrees, you will need to apply to the court for a formal variation.
Before asking the court to approve a consent variation, it is crucial that everyone understands and agrees to the new terms. This agreement should be clear, preferably in writing, and reflect what is best for any children involved or the parties’ current circumstances. The court will then consider the proposed changes and, if satisfied, will usually make the new order without the need for a hearing.
The benefits of changing an order by agreement include speed, lower costs, and less conflict. It allows families and individuals to adapt to changing circumstances without unnecessary court involvement. For more information on the legal process and the court’s powers regarding consent variation, you can read this detailed practice note. If your case involves criminal matters or the Crown Court, there may be additional procedures to follow.
To learn more about the general process and reasons for changing a court order, see our guide on how to change a court order.
When Can You Change a Court Order by Agreement?
When Can You Change a Court Order by Agreement?
In the UK, it is possible to change certain types of court orders if everyone involved agrees to the new arrangements. This process is known as a "consent variation" and can be a straightforward way to update orders without the need for a full court hearing. However, not all orders can be changed this way, and there are important rules and limits to understand.
Types of Court Orders That Can Be Varied by Agreement
The most common court orders that can be changed by agreement include:
- Child arrangements orders: These set out where a child lives, who they spend time with, and other key details about their upbringing. If both parents (or parties) agree, these orders can often be varied to reflect new circumstances. For more on this process, see our guide to changing or cancelling a child arrangements order.
- Financial orders: These cover financial arrangements following divorce or separation, such as maintenance payments or the division of assets. If both parties agree, a financial order can be varied to update terms like payment amounts or schedules. Learn more about the types of financial orders during divorce and how they can be changed.
- Other family law orders: In some cases, orders relating to contact, occupation of the family home, or specific issues about a child’s welfare can also be varied by consent.
For a detailed look at how financial orders work and how they can be enforced or changed, see this overview on Financial Order.
When Is Consent Variation Appropriate?
Consent variation is most suitable when:
- All parties affected by the order agree to the proposed changes.
- The changes are clear and specific, and do not create confusion or further disputes.
- The welfare of any children involved is not compromised.
- There are no safeguarding concerns or evidence of undue pressure on any party.
For example, if separated parents agree on a new schedule for their child’s visits, or former spouses decide to alter maintenance payments due to a change in circumstances, they can apply to the court together to formalise these changes.
Limits on What Can Be Changed Without a Full Court Hearing
While consent variation is a practical option, there are limits:
- Court approval is still required: Even if everyone agrees, the court must approve the new arrangement to ensure it is fair and, where children are involved, in their best interests.
- Not all orders can be changed: Some orders, such as final financial orders made by consent after divorce (known as "clean break" orders), may be difficult or impossible to vary except in rare circumstances.
- Complex or disputed changes: If the proposed changes are complex, or if there is any disagreement, the court may require a full hearing.
All variations must comply with the Family Procedure Rules 2010, which set out the procedures for family law cases in England and Wales.
How Consent Variation Differs from Other Methods
Changing a court order by agreement is generally faster, less stressful, and less expensive than asking the court to decide after a contested hearing. In contrast, if parties cannot agree, an application must be made for the court to vary the order, which involves evidence, hearings, and potentially lengthy proceedings.
Consent variation keeps control in the hands of those involved and can help maintain positive relationships, especially where children are concerned. However, it is important to ensure that any agreed changes are properly recorded and approved by the court to make them legally binding.
For more information on the legal process and your options, explore our related guides on changing or cancelling a child arrangements order or the different financial orders during divorce that might be relevant to your situation.
How to Request a Change by Agreement (Consent Variation)
Requesting a change to a court order by agreement – known as a consent variation – can be a straightforward process if all parties are on the same page. Below, you’ll find a step-by-step guide to help you navigate this procedure, including what documents you’ll need, how to apply, and tips for avoiding common pitfalls.
Step-by-Step Guide to Requesting a Consent Variation
1. Reach Agreement with All Parties
The first and most crucial step is to ensure that everyone affected by the order agrees to the proposed changes. This might involve discussions, negotiations, or mediation. Only once all parties have given their clear consent can you proceed with a consent variation.
2. Prepare the Written Agreement
Once agreement is reached, you’ll need to draft a written document clearly outlining the changes you want the court to make. This is usually called a “consent order” or “draft order.” The document should:
- Specify the exact terms of the variation.
- Be signed by all parties to confirm their agreement.
- Reference the original order being changed.
If you’re unsure how to word the changes, a solicitor or legal advisor can help ensure the document is clear and legally sound.
3. Gather Supporting Documents
Alongside the draft consent order, you may need to provide:
- A short statement or letter explaining why the change is being requested.
- Any relevant evidence supporting the need for the variation (for example, a change in financial circumstances).
- The original court order you wish to vary.
4. Submit Your Application to the Court
You must file your application with the same court that issued the original order. The process typically involves:
- Completing the relevant court form (often Form D11 for family cases).
- Attaching the signed draft consent order and supporting documents.
- Paying any applicable court fee.
The Family Procedure Rules 2010, Rule 9.19 sets out the legal framework for varying orders by consent in family law cases. These rules outline what the court requires and how applications should be made.
5. Court Review and Approval
Once submitted, a judge will review your application. The court’s role is to ensure the proposed changes are fair, lawful, and in the best interests of any children involved (if applicable). In most cases, if everything is in order and all parties consent, the court will approve the variation without a hearing.
For more on the broader process of changing a court order, including situations where agreement is not possible, see our dedicated guide.
The Role of Solicitors and Legal Advisors
While it’s possible to request a consent variation without legal representation, many people choose to consult a solicitor. A legal professional can:
- Help draft the consent order to avoid ambiguity.
- Ensure all necessary documents are included.
- Advise on whether the proposed changes are likely to be accepted by the court.
Legal advice can be especially helpful for complex cases or where significant financial or child arrangements are involved.
Tips to Avoid Delays and Common Mistakes
- Double-check all signatures: Make sure every party affected by the order has signed the draft consent order.
- Provide complete information: Incomplete forms or missing documents are a common cause of delay.
- Use clear, unambiguous language: Vague or poorly drafted orders may be rejected by the court.
- Check the correct court and form: Submitting to the wrong court or using the wrong form can set your application back.
- Allow time for processing: Even with agreement, the court may take several weeks to process your application.
If you cannot reach agreement, you’ll need to follow the formal variation process, which may require a hearing and further evidence.
For further practical advice and analysis on how courts – including the Crown Court – handle orders and variations, you can review recent updates and case studies.
By following these steps and preparing your documents carefully, you can help ensure your consent variation is processed smoothly and efficiently.
Differences Between Consent Variation and Other Ways to Change an Order
When you need to change a court order in the UK, there are several different approaches you can take. Understanding the differences between a consent variation and other methods can help you choose the right path for your situation.
Consent Variation vs. Informal Changes
A consent variation is when all parties involved in a court order agree to change its terms and formally request the court to approve these changes. This is often the simplest and quickest way to update an order, as it avoids lengthy disputes and court hearings. For example, if both parties agree to change the details of a property transfer in a financial order, they can use a Consent Variation process to submit the new agreement to the court for approval. The court will usually approve the change unless there are concerns about fairness or the welfare of any children involved.
In contrast, some orders can be changed without going back to court at all. This is usually possible when the order allows flexibility or if the change is minor and doesn’t affect the legal rights or obligations of either party. To find out more about when this might apply, see our guide on changing an order without going to court.
When a Formal Court Hearing Is Needed
If you and the other party cannot agree on the changes, or if the proposed variation is complex or controversial, you may need to apply to the court for a formal hearing. This process involves submitting an application, presenting evidence, and possibly attending one or more court hearings. The judge will then decide whether to grant the variation based on the circumstances and the best interests of everyone involved. For more details on this process, see changing an order by going to court.
Advantages and Disadvantages
Consent Variation:
- Advantages: Faster, less stressful, and usually less expensive. Both parties remain in control of the outcome, and the process is often straightforward if everyone agrees.
- Disadvantages: Only possible if all parties fully agree. If someone changes their mind, the process can stall, and you may need to go to court.
Changing an Order Without Court Involvement:
- Advantages: No need for court paperwork or hearings. Suitable for minor or practical changes where the original order allows flexibility.
- Disadvantages: Not all orders can be changed this way. If the change isn’t properly documented, misunderstandings or disputes may arise later.
Going Back to Court:
- Advantages: A judge can resolve disagreements and ensure that any changes are legally enforceable.
- Disadvantages: Can be time-consuming, costly, and stressful. The outcome is decided by the court, not the parties.
How to Decide Which Method Is Best
Consider the following when deciding how to proceed:
- Level of Agreement: If everyone agrees, a consent variation is usually the best option.
- Complexity of the Change: Simple, administrative changes may not require court involvement, but more complex or significant changes might.
- Nature of the Order: Some orders, especially those involving children or finances, are governed by specific rules. The Family Procedure Rules 2010 set out the requirements and procedures for varying family court orders.
- Potential for Dispute: If there’s any chance of disagreement, or if the change could significantly affect someone’s rights or obligations, it may be safer to seek a formal court decision.
If you are unsure which route to take, reviewing the relevant rules or seeking legal advice can help you make an informed choice. For more detailed guidance on how to handle a consent variation, see the Consent Variation resource. For the full legal framework, refer to the Family Procedure Rules 2010.
Additional Support and Related Issues
When considering a consent variation to change a court order, you may find that related issues – such as child support, financial arrangements, and housing – become important for your family’s wellbeing. Below, you’ll find information and resources to help you navigate these areas, as well as guidance on where to seek further legal advice if needed.
Support for Families and Children
If your situation involves children, understanding your rights and responsibilities around financial support is essential. The Child Support Act 1991 sets out the legal framework for child maintenance, including how payments are calculated and enforced. If you need a general overview of the types of financial support and benefits available to families, our guide on financial help if you have children offers practical information and links to further resources.
Housing Support and Legal Considerations
Changes to a court order – such as those affecting living arrangements or residency – can have a direct impact on your housing situation. If you need advice about your housing rights, or you’re at risk of homelessness as a result of family changes, the Housing Act 1996 provides the legal basis for housing assistance, including help from local authorities. For a broader overview of the support available, visit our housing assistance page, which explains your options and next steps.
Financial and Legal Aid
Legal processes can be complex, and you may qualify for help with legal costs. The Legal Aid, Sentencing and Punishment of Offenders Act 2012 outlines the criteria for receiving legal aid, which can help cover the cost of legal advice, mediation, or representation in court. If you are unsure whether you qualify, it’s advisable to contact a legal professional or your local Citizens Advice for guidance.
Getting More Detailed Legal Advice
Every family’s circumstances are unique, and while general guidance is helpful, sometimes you need tailored advice. Solicitors, family law specialists, and local advice centres can offer support specific to your situation. They can help you understand your rights, prepare the right documentation, and ensure any consent variation is handled correctly.
For further information on related topics, please explore our pages on financial help if you have children and housing assistance, where you’ll find more in-depth guidance and links to authoritative sources.
