Once you have reached an agreement about your finances and property during your divorce you should consider making this legally binding.
To do this you will need to draft a consent order with the help of a solicitor and ask the court to approve it.
If your agreement is not legally binding, a court cannot enforce it if there are any issues further down the line.
In this blog, we will cover:
- What is a consent order?
- What is included in a consent order?
- How can I apply for a consent order?
- Can a consent order be changed?
- Do you have to have a consent order in divorce?
What is a consent order?
Many divorcing couples now voluntarily reach agreements on the division of their finances through a divorce settlement.
To ensure the legal enforceability of these terms and prevent the risk of your spouse changing their stance in the future, it is advisable to form a consent order.
Without an order, your ex may decide to make a claim for a share of your assets, property, income, or pensions further down the line.
A consent order officially documents the terms of the financial agreement reached with your former spouse and severs the financial ties between both parties.
If you are looking to make a financial consent order, seeking expert legal advice on the specifics of your settlement is advisable.
What is included in a consent order?
A consent order is a legal document detailing the arrangements you have made for your finances during divorce or separation.
It explains how you plan to distribute assets such as income, pensions, property, savings, and investments.
It may also include arrangements for maintenance payments, including child support.
A clean break consent order will often involve a ‘clean break’ clause, which prevents the parties from making claims against each other’s assets in the future.
This creates a legally binding agreement on how you will divide your assets and financial responsibilities after a divorce or separation.
How can I apply for a consent order?
To apply for a divorce consent order, you should first instruct a solicitor who specialises in family law who can provide advice specific to your circumstances and create a legally sound document that will hold up in court.
You will need to provide your solicitor with all relevant information regarding your financial situation, assets, and agreements reached with your ex-partner. The solicitor will draft the consent order document, detailing the financial arrangements that have been agreed upon.
Both parties must sign the draft consent order and include a statement of information form and a notice of an application for a financial order, which your solicitor can assist you with completing accurately.
Your solicitor will then submit the consent order to the court for approval. You will need to pay a necessary court fee of £53 unless you are eligible for fee exemption.
After the order has been submitted, there is usually no court hearing. A judge will approve your consent order to make it legally binding if they think it is fair. If they do not think it’s fair, they can ask you to change it.
Once approved, the order becomes legally binding, safeguarding both parties' financial interests and providing a clear framework for the future.
Can a consent order be changed?
It is possible that your ex-partner or their solicitor may present you with a draft consent order. At this point, you have the option to request changes or negotiate to reach an agreement.
Once the consent order is approved and sealed by a Judge, it becomes legally binding and cannot be altered or varied except in certain circumstances.
If you wish to make changes to the terms of the settlement, it is important to remember that you have no legal right to do so, and you will need your ex's agreement to vary the terms of the settlement.
If you find yourself in this situation, your solicitor can guide you through the process, advise you on your options, and prepare the necessary paperwork.
Do you have to have a consent order in divorce?
Obtaining a consent order is not mandatory for divorce. It is possible to finalise a divorce without an order, as the divorce process and consent order application are separate.
However, it is strongly advisable to get a consent order during divorce proceedings. It offers assurance for the future, safeguarding your financial interests and mitigating potential disputes with your former partner.
Contact our consent order solicitors in Northwich, Cheshire
If you’d like to discuss your legal needs with one of our experienced consent order solicitors today, give us a call on 01606 48777 or email info@susanhowarthsolicitors.co.uk.
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