Consent Order Divorce – Splitting Financial Assets

 

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Divorce proceedings are rarely easy, both in terms of the emotional implications and the stress of legally ending your marriage.

When it comes to dividing financial assets such as money and property, many couples may reach an agreement between themselves withing having to rely on a judge to make a decision for them.

Even in these circumstances, it is recommended that couples apply for a consent order to make their financial agreement legally binding.

What is a consent order in divorce?

A consent order is a legal document that records an agreement reached between divorcing parties regarding their financial arrangements.

It is an order which must be approved and made legally binding by a court.

Both parties must agree on the terms of the financial settlement, which can include division of property, spousal maintenance, child support, and other financial matters.

A consent order may include various financial aspects, such as:

When the consent order is approved by the court, it is a legally binding document. This means that if one party fails to comply with the terms, the other can take legal action to enforce it.

The agreement must be submitted to the court for approval. A judge will review the terms to ensure they are fair and reasonable before making the order.

A consent order in divorce provides a clear and final resolution of financial matters, preventing future claims. This helps both parties move on without the worry of ongoing financial claims.

While the court must approve the order, the parties have flexibility in negotiating the terms that suit their specific circumstances following the end of their marriage or civil partnership.

It is advisable for both parties to seek independent legal advice before entering into a consent order to ensure their interests are protected.

Clean break consent order – Divorce

A clean break consent order in a divorce is a type of legal agreement that ensures no ongoing financial ties between the divorcing parties after the divorce is finalised. The primary goal is to achieve a complete financial separation. It prevents either party from making future financial claims against the other.

This type of order typically means that there will be no ongoing spousal maintenance payments. It helps in allowing both parties to move on independently.

The order will specify how all assets, properties, and debts are to be divided, ensuring a clear and agreed-upon settlement.

In some cases, a lump-sum payment might be made from one party to the other to balance out the financial settlement.

Do you need a consent order to get divorced?

It is possible to get divorced without a consent order as financial matters are separate legal proceedings. However, this is not recommended.

An individual can apply for a consent order once a conditional order (or decree nisi) has been granted. However, the consent order is not binding until the court has approved it and a final order (or decree absolute) has been obtained.

Obtaining a consent order – Divorce

To obtain a consent order (divorce), both parties must negotiate and reach an agreement on the division of assets, property, finances, child support, and any other relevant issues. This can be done between parties privately or with the help of a solicitor or mediator.

It is advisable for both parties to seek independent legal advice to ensure the agreement is fair and protects their interests.

A solicitor or legal professional should draft the consent order, outlining the agreed terms in a legal format. This document should include all financial arrangements and any other agreed terms.

Alongside the consent order, two forms will need to be completed. these forms include a Form A (Notice of intention to proceed with an application for a financial order) and a Form D81 (Statement of Information for a Consent Order).

When complete, parties should submit the consent order, Form A, and Form D81 to the family court. There is usually a fee for submitting these documents.

Upon receipt, a judge will review the consent order and supporting documents to ensure the agreement is fair and reasonable. The judge may request more information or changes to the order if necessary.

If the judge is satisfied with the agreement, they will approve the consent order. Once approved, the order becomes legally binding.

After the court approves the consent order, both parties must comply with its terms. If one party fails to comply, the other can take legal action to enforce the order.

Throughout this process, it is crucial to ensure that all paperwork is accurately completed and that both parties fully understand the terms of the agreement.

How long does it take to obtain a consent order?

The process of obtaining a consent order, including a clean break consent order, typically takes a few months.

A consent order can take between four and ten weeks to be approved by the court. However, this depends on the court and the complexity of the order.

The entire process, from negotiation to final court approval, usually takes around three to six months. However, it can be shorter or longer depending on the specific circumstances and the efficiency of the parties and the court.

How can Expert Family Law assist?

If you are planning to divorce or end your civil partnership and require legal advice on obtaining a consent order (divorce), contact us today.

Expert Family Law will put you in touch with an experienced divorce solicitor on our panel.

Our panel firms assist with divorce settlements and financial dispute resolution.

Please note that we are not a firm of solicitors. We have a panel of family law firms who we may pass your case on for a fee. Expert Family Law will not charge you, the client, for our service of passing on your case.

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