We know each family is different, and in many cases a separation can get messy quite easily. We will help you keep matters under control and work with you to find a solution that’s in the best interest for you and your children.
Our solicitors will be there for you throughout your divorce, so you and your family can start looking forward to the future.Get in touch
Why you need a consent order
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 financial consent orders be overturned?
Generally, consent orders won’t be overturned by the courts after they have been agreed and approved.
Consent orders are 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 consent 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 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.
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 consent order you can avoid any future claims. 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’.
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 consent order 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 consent order drafted or to discuss mediation or court proceedings, get in touch with our expert divorce team today.
Our family law services
A consent order 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.
Our family law solicitors can help with a wide range of legal matters, including divorce, children law, cohabitation agreements and family mediation.
Our services regarding consent orders will be priced with your specific situation in mind. However, in general, consent order fees are as follows:
|General costs from:||£750|
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What our clients are saying about us
Very pleased with how fast my claim was settled. Very nice people always at the end of the phone when i wanted to ask questions on my.claim. would deffo use this company again. Matthew was brill very friendly and reliable.
Very pleased with the service I have received, communication has been maintained throughout. Happy with the outcome of my case.
It's always been a pleasant experience using their services. I felt highly comfortable and confident whenever they dealt with my cases in terms of correspondence, communication and performance. I highly regard their services.
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