Consent Order

Consent Order

One of the most important things about the divorce process is what is known as the consent order. The formal document which allows you to reach agreement on financial details and matters concerning the divorce.

A verbal, or otherwise written, agreement is not sufficient. Only the consent order has the full legal status which is able to give you peace of mind concerning the financial considerations for your divorce.

Consent order should be presented to the court in a specified legal format but need not be completed by a solicitor. This does not mean that you can complete by yourself and you should always get legal advice before doing so.

In this guide, we summarise what you need to know and the process of obtaining one for your divorce.

These are formal agreements in writing between you and your ex-partner. Verbal agreements do not count!

Documents must be produced complete in a specific legal format.

Should not be used, for non-financial considerations such as child access and other related matters. Finances only.

Details about a series of financial matters. These may include matters related to housing, pensions, loans, and other financial instruments.

They are voluntary and should be arrived at by mutual agreement. This is important, as it relates to the specific legal status of the order include details of property and how this should be divided, or otherwise treated.

Shares, pensions and savings should also be included in the financial details of them.

Savings should be included and a fair assessment should be made of the value of savings.

Sometimes, spousal maintenance is included in a consent order, particularly if there are significant salary differentials between the partners.

Inheritance must be included.

If there are no payments on a monthly basis (other than child maintenance) then you can try to apply for a clean break.

Clean break consent orders, as there name implies, are easier to produce and are generally looked upon favourably by the courts.

It is always up to the court to agree whether it is a consent order, or another type.

The process

The process of obtaining a consent order involves mutual agreement between parties.

This may involve a period of mediation to agree a fair split of everything and agree a financial settlement

Legal advice should be taken in this process as its legally binding.

Only a judge can grant a consent order normally around the time of granting the decree nisi

Solicitors do not have to produce them but the overall form of the order needs to be understood and accepted by the court.

Best to take legal support and advice especially around your business.

Must bear the signature of each party.

Writing one requires a high level of legal skill. You can not produce your own easily as its unlikely It will not be recognised by the court.

Different types of court can act to enforce the consent order.

Divorcing partners may think that an informal agreement is as good as one agreed by the court.

This is not necessarily the case as verbal agreements, or even an informally written agreement, may not hold over time. Things can change in relationships and this may alter the original terms on which the agreement was made.

Obviously, circumstances differ substantively between divorcing couples. Considerations such as property, maintenance and savings will differ from couple to couple. This section deals with differences in your personal circumstances and how this can impact upon consent orders.Stressed out about whats going to happen to the children, house, money, assets, income, pension and debts?

Cant seem to be able to have a conversation together about the issues?

The reach out to Aspire Family Mediation Service.