Consent Orders in Hong Kong: Turning a Settlement into a Court Order
Last updated: 2026-07-15
An agreement between spouses only becomes enforceable once the Family Court makes it an order. The draft order — the document that records the agreed terms in the court’s language — is what the parties lodge for approval. Briefcase hosts the standard Hong Kong draft orders in English and Chinese, in Matrimonial, Unmarried and Joint Application variants.
Financial consent orders and the clean break
A financial consent order records agreed terms on maintenance, lump sums or property. Where the parties want finality — no ongoing maintenance and no future claims — a clean break order dismisses further financial claims against each other, and usually against each other’s estates.
The court does not rubber-stamp: it reviews the draft order against a statement of the parties’ means before approving. Interim consent orders cover the period until the final order takes effect.
Forms mentioned in this section
Children consent orders
Where parents agree on custody, care and control, and access, the agreement is embodied in a consent custody order. The court’s paramount consideration remains the welfare of the child, so the order is approved only if the arrangements serve the child’s interests.
Matrimonial, Unmarried and Joint Application variants
Each draft order concept exists in up to three variants: Matrimonial (divorce proceedings between spouses), Unmarried (proceedings concerning children of unmarried parents), and JA (joint application divorces). Choosing the variant that matches the proceedings avoids the draft being returned for re-lodging.