A financial consent order is a legal order created by the court. It makes the financial arrangement that you have previously reached officially binding for both of you. This order may lay out what will eventually your premises, pensions or other investments when you divorce. Additionally, it may feature how any ongoing repayments may work between you.
It is one common misconception that finances are sorted out by the courtroom as part of your divorce proceedings. It really is quite possible to get divorced without agreeing the financial agreements – although that is not recommended.
Which means you don’t need to get a Consent Orders, but we recommend them for every divorce, whether you are dividing up any resources or not. It is because they can provide both of you a clean break in the action, protecting your own future income.
A clean-break consent order will trim any ongoing ties between you financially. Without this order, each one of you will make a claim up against the other, even a long time after your divorce is finalised. Consider you were to win the lottery, or expand an enterprise that becomes successful. With out a clean-break consent order, your own future riches could be said from your ex-spouse, even a long time after your divorce has been finalised.
To obtain a consent order, you must have arranged your financial preparations with your spouse. You then invite the court to simply accept your arrangement – plus they can decline to do so. There are judge fees of £50 to fill out an application, however your consent order should be drafted by a solicitor, experienced in family legislations. In theory you might draft one yourselves, but it can be dropped or not cover both of you as you want, especially if it isn’t worded correctly.
You can only just ask the judge to approve a consent order, once the court have decided that you can get divorced, i.e. once you decree nisi in has been pronounced.
The consent order then makes effect after the final level of your divorce, the decree utter, is pronounced by the courtroom.
You can consent the content of any consent order between yourselves, or through divorce negotiation, family mediation or by solicitor-led negotiation. If you cannot agree with the fact you can ask the courtroom to produce a decision for you, although this may get very costly. In the event that you both consent you can ask for an unbiased barrister review to let you know what is more likely to happen at courtroom for your specific case.
If you can’t concur you can document a credit card applicatoin to the court to produce a financial order for your case. Before doing this, you may like to consider family mediation, negotiation or a barrister review, where an unbiased family legislations barrister will write a written report on what regulations is, how it pertains to your case and what will be a likely result if you visited court.