Consent orders for financial provision: MCA 1973 s. 33A
Court may make consent order for financial relief on agreed terms using only prescribed info, unless it has reason to inquire further.
Notwithstanding anything in the preceding provisions of this Part of this Act, on an application for a consent order for financial relief the court may, unless it has reason to think that there are other circumstances into which it ought to inquire, make an order in the terms agreed on the basis only of the prescribed information furnished with the application. Subsection (1) above applies to an application for a consent order varying or discharging an order for financial relief as it applies to an application for an order for financial relief. In this section— “ consent order ”, in relation to an application for an order, means an order in the terms applied for to which the respondent agrees; “ order for financial relief ” means an order under any of sections 23, 24, 24A , 24B or 27 above; and “ prescribed ” means prescribed by rules of court.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section lets a court make a consent order for financial relief – such as lump sums, property transfers, or pension sharing – simply on the terms the parties have agreed, without a full inquiry into their circumstances. The court only needs the ‘prescribed information’ that the rules of court require to be filed with the application.
If the court sees no reason to suspect that something else is going on – for example, that one party was pressured or that the agreement is unfair – it can sign off the order straight away. The same applies when the parties ask to vary or discharge an existing financial order by consent.
The key condition is that both sides genuinely agree: the order must be in the terms applied for and the respondent must consent. ‘Prescribed’ means whatever the court rules say at the time.
When it applies
- A divorcing couple agree on a lump sum payment and a transfer of the family home, submit the required forms, and the court approves the consent order without a hearing.
- Former spouses want to vary a spousal maintenance order to a lower amount by consent; the court makes the variation order using only the prescribed information.
- Parties to a marriage agree to discharge an existing periodical payments order because the recipient has remarried, and they file a consent application with the necessary details.
- A couple finalises a financial settlement that includes a pension sharing annexe; the court makes the consent order based on the agreed terms and the prescribed information.
What this section does not say
- This section does not cover consent orders for child arrangements or child maintenance – those are dealt with under different legislation.
- It does not apply if the parties disagree on the terms; the court cannot use this shortcut when there is a genuine dispute.
- People sometimes think that because they have agreed, the court must make the order. In fact, the court can refuse if it has reason to think there are other circumstances that need investigation (for example, possible fraud or undue influence).
- The section does not require full financial disclosure – only the ‘prescribed information’ – but that may be more limited than a full Form E disclosure.
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This page reproduces the text of MCA 1973 s. 33A in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.