Divorcing Couple & Consent Order
‘Consent orders’ are legally ratified agreements made between a divorcing couple setting out how their money, property and other assets will be divided once their marriage officially ends. They commonly also include such important family financial matters as spousal maintenance and child support.
They are so called because that the couple have ‘consented’ to the division by reaching the agreement – and a family court Judge has then turned this agreement into a binding legal order. This means that if either party fails to meet their responsibilities under the order, such as paying maintenance on time, the courts can intervene.
You can apply for a consent order at the penultimate decree nisi stage of your divorce proceedings, and it will then become legally binding at the final decree absolute stage. Only if the couple cannot reach such an agreement between themselves will the case go on to an actual hearing in court.
If you and your ex are on a relatively good terms following your split, and are able to freely reach an agreement without legal help, it is not necessary to apply for a court order. But if that agreement later breaks down, you will not be able to ask the courts to enforce it.
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Consent Order In Divorce - What You Need to Know
You can usually avoid going to court hearings if you agree how to split your money and property. If you and your spouse are in total agreement as to the financial arrangements you will still need the court to make the agreement official and binding by making what is called a consent order.
- A Consent Order is a legally binding financial agreement. Parties needs to make sure that this consent order needs to be drafted by a Solicitor.
- This consent order needs to be signed by you and your ex-spouse after you have taken legal advice and both of you need to provide a full disclosure of your assets, property and other finances.
- This consent needs to be reviewed and approved by a judge in a family court.
Consent Order generally describes what is to happen to each of the main assets (property, savings, shares, businesses and pensions). It sometimes also covers child and spousal maintenance (where applicable). Pension sharing agreements are a common clause in a Consent Order (where applicable).
Couples can use a clean break only if you both wish to prevent any claims in the future and both of you do not have any assets and simply want to dismiss any future financial claims, or you have already divided your assets between you on an amicable basis. You may wish to consider a clean break order even if you do not have any assets at the present time.
If you both are still dividing marital assets, such as a house, pension or savings as part of the divorce process then you can use standard or detailed consent order. By filing the order at court you set out the agreement that you have reached formally. It can also prevents any claims in the future.
Our company’s fixed fee will mainly include:
- Our family Solicitor will set up an Initial meeting to confirm the terms of the agreement.
- We will then Draft Consent Order on the basis of that agreement.
- Preparation of financial disclosure in form of Statement of Information.
- Once the Consent Order is ready then we will confirm and explain the terms of the agreement to you in writing.
- Negotiating the wording of the Order with your spouse or their lawyer.
- Notifying any relevant third parties such as mortgagee or pension provider.
- Exchanging Statements of Information with your spouse.
- Once the Consent order is ready then we will lodge both documents at Court and our family solicitor will be dealing with any questions raised by the Court prior to approval.