The Guide to financial consent order on divorce

Law / Monday, February 22nd, 2021

A consent order is a judge order aiming the division of marital resources and liabilities as decided between your divorcing couple. Consent orders are officially binding and could be enforced by the Family Judge if required. Essentially, this order also dismisses the opportunity of any future financial cases from either get together.

When the Courtroom makes decisions or directions relating to a matter, they track record the final results in a Judge Order. The conditions of the order are occasionally imposed by the Judge. However, additionally it is possible to ask the Judge to make requests in conditions that are agreed between the people. These requests are known as Consent Requests, as the Judge makes them with the arrangement or consent of these involved.

What if we can not agree?
If the divorcing couple struggles to come for an agreement on the division of money and has worn out all possible remedies, including mediation, an application for Ancillary Pain relief can be produced to the courtroom, that will then impose a choice.

Imagine if we haven’t any assets?
Even if there is no property or pensions, or you have only been married for an extremely short time, it continues to be highly advisable to get a simple consent order for the all-important clean chance clause to provide security against any future financial claims.

Isn’t it extra expenditure and hassle?
No, not necessarily – all you need to do is supply the details to 1 of your member solicitors and they will do the others for you, including dealing with the court. Obtaining a consent order before completing your divorce is beneficial. Leaving what to chance and then finding yourself on the getting end of any financial program years down the road will be considerably, a lot more expensive, demanding and time-consuming.

But we trust one another
You might well do, but that trust won’t offer you any legal cover if one of you experience a big change of mind and determines to apply to court. If you do trust one another, then there is absolutely no reason why you ought not get yourself a consent order which isn’t only officially binding but will also demonstrate a responsibility towards each other. In fact, finding a consent order is only going to affirm whatever trust already exists between you.

How long does indeed it take?
Generally it will require around eight weeks from the idea of making the application at the court to acquiring to receiving the ultimate order. However, not absolutely all orders are approved so people should be ready for the opportunity that it could take longer.

What’s included?
The precise information on a financial consent order are determined by the circumstances and financial situations of the people involved. However, as a general rule, Consent Orders can include the next:

Pensions – pensions can be counted as property and for that reason may be contained in an agreement.
Maintenance – both child maintenance and spousal maintenance may be contained in a consent order.
Inheritance – it is common for consent orders to identify what might happen with future inheritances.
Liquid resources – whatever can be sold may be included within the frame of an consent order.