Financial consent orders after divorce
Why you need a financial consent order after your divorce
After your divorce or separation, you will want to make sure that the agreements you have made with your ex-partner are final.
If no legally binding documents have been set up to finalise your financial arrangements, your ex-partner may be able to take you to court. They could claim for a different amount of the assets you shared during the marriage. They could even claim for assets you acquired after the divorce.
This may seem unlikely, however, there have been many cases in the UK where ex-partners claimed large amounts years later. They could only do this because there was no consent order in place.
Can a financial consent order be overturned?
Generally, these orders won’t be overturned by the courts after they have been agreed and approved.
A financial consent order is considered final in order to benefit both parties, protecting you both from future legal action.
Avoiding going to court with a consent order
The best way to avoid going to court is with a consent order. Once you have agreed a financial arrangement with your ex-partner, this can be drafted into a legally binding order by your solicitor.
Both you and your partner need to receive independent advice about its terms, then sign the document. The court can then approve everything in your absence for a one-off fee of £50.
Before your divorce consent order is drafted you need to agree on how you will divide your assets and belongings with your ex-partner.
You can reach such an agreement together, with the help of a mediator or through solicitor negotiations.
If you can’t come to an agreement with your ex
If you and your ex-partner can’t agree on how to divide your assets even with mediation, you can ask the court to decide for you. Getting a consent order is no longer an option if this happens. Both of you have to agree to split the assets in whatever way the court decides.
Going to court is generally not in your best interest, as legal processes can become lengthy, costly and frustrating. What’s more, if you ask a court to decide you give away your control over the negotiations, and the final decision made by the court might not be in your best interest.
Before signing your consent order
Before you make any decisions and finalise any financial agreements you should make sure you know exactly what assets you and your ex-partner hold. If you don’t have a clear picture of your earnings, savings or other assets you may not be able to reach a fair agreement.
It is also important to make your decisions on factual basis only. Divorcing can be terribly upsetting, and it can be easy to allow your emotions to cloud your judgement. You don’t want to make decisions that aren’t in your best interest in the long run.
Assets and child maintenance
Protecting your assets acquired after divorce
Because of the rights spouses have in the UK, a disgruntled ex can claim for assets acquired after your divorce.
By making your financial agreements final within your divorce consent order you can avoid any future claims. Financial consent orders are legally binding.
Consent orders and child maintenance
If you have children together, you can agree and settle child maintenance arrangements at the same time as your consent order, or on a separate occasion if you prefer.
Even if you were not legally married or in a civil partnership, you will still both be responsible for your children. Child maintenance must be arranged even if you are separating as an unmarried couple.
When you can draft your consent order
You can have a consent order drafted after you have started the paperwork to end your marriage or civil partnership. It needs to be finalised before you have applied for the final legal documentation ending the relationship.
In divorce law this final document is known as the ‘decree absolute’. In a civil partnership it is known as a ‘final order’.
Legal help with your financial consent order
How we can help
If you have any uncertainty about your consent order and the terms agreed you can speak to one of our solicitors or take a bit of extra time making a final decision.
Consent orders are final, and arguably the most important document defining your financial future after a divorce. You should always feel confident that you made the right decision.
Having a legally recognised agreement in place will give you and your ex-partner peace of mind.
Without the continued threat of ongoing court battles, both of you will be given the possibility to move on with your lives without any further stress or worry.
For more information on how to get your divorce consent order drafted or to discuss mediation or court proceedings, get in touch with our expert divorce team today.
Our family law services
A financial consent order after divorce can help you to ensure your finances and assets are fully taken care of. However, you may have other issues that you need to address.
- What is a consent order?
A consent order is set out between you and your ex after divorce. It is a legally binding document that outlines how you will split your assets, your debts, and even your pension and income.
It is highly recommended to get a consent order as it's a final agreement between you and your ex, and will protect both parties if either of you wanted a different share in the future.
By having a consent order in place you will also protect any future earnings and assets you may acquire after divorce.
To understand more about consent orders and how a consent order can benefit you, get in touch. Our solicitors are here for you.
- How long is a consent order valid?
A consent order is valid indefinitely. Your consent order is a final agreement between you and your ex after divorce. This means that your consent order won't expire.
- Can a judge change a consent order?
It is very unlikely for a judge to change a consent order. What does happen in some cases is that a judge may return an application for a consent order with a request to clarify a certain section.
When you agree on the terms of your consent order your family law solicitor will make sure that your divorce consent order is completely clear to avoid this from happening.
- What happens after my consent order is sealed by the judge?
After your consent order is sealed by the judge your consent order is finalised and you can start moving forward with your life.
There are no further steps you will have to take, your consent order is now in place.
- Can a consent order be overturned?
It is very rare that financial consent orders get overturned. In general, consent orders are legally binding so they won't be overturned after they have been finalised.
Our family solicitorshave only ever known a consent order to get overturned when it was proven that one of the partners blatantly lied and failed to disclose high value assets from their ex during the negotiations.
- How much does a consent order cost?
To get a consent order set up with the assistance of an expert family law solicitor you are looking at paying upwards of £950.
The court fee for filing a consent order is £50.00, and our solicitors charge from £900 to manage the consent order from start to finish.
Pricing may differ depending on your unique circumstances, so our family law team will be able to provide you a tailored quote over the phone.
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