A consent order is a court order setting out the division of marital assets and liabilities as agreed between the divorcing couple. Consent orders are legally binding and may be enforced by the Family Court if required. Importantly, such an order also dismisses the possibility of any future financial claims from either party.
To ensure your financial consent order is fair, and will provide you with the best possible outcome from your divorce contact Oratto today so that we can help you find the divorce settlement solicitor who is right for your personal circumstances.
What if we can't agree?
If a divorcing couple is unable to come to an agreement over the division of finances and has exhausted all possible remedies, including mediation, an application for Ancillary Relief can be made to the court, which will then impose a decision.
What if we don't have any assets?
Even if there is no property or pensions, or you have only been married for a very short period, it is still highly advisable to get a simple consent order for that all-important clean break clause to provide protection against any future financial claims.
Isn't it extra expense and hassle?
No, not really – all you need to do is give the details to one of our member solicitors and they will do the rest for you, including dealing with the court. Obtaining a consent order before completing your divorce is advisable. Leaving things to chance and then finding yourself on the receiving end of a financial application years down the line will be far, far more expensive, stressful and time-consuming.
But we trust each other
You may well do, but that trust won't offer you any legal protection if one of you experiences a change of mind and decides to make an application to court. If you do trust each other, then there is no reason why you should not obtain a consent order which is not only legally binding but will also demonstrate a responsibility towards each other. In fact, obtaining a consent order will only affirm whatever trust already exists between you.
How long does it take?
In most cases it will take around eight weeks from the point of making the application at the court to receiving to receiving the final order. However, not all orders are approved so applicants should be prepared for the possibility that it might take longer.
What is included?
The precise details of a financial consent order are determined by the circumstances and financial situations of the parties involved. However, as a general rule, consent orders may include the following:
- Pensions – pensions can be counted as assets and therefore may be included in an agreement.
- Maintenance – both child maintenance and spousal maintenance may be included in a consent order.
- Inheritance – it is common for consent orders to specify what might happen with future inheritances.
- Liquid assets – anything that can be sold may be included within the frame of a consent order.
Oratto – helping you make intelligent choices
Oratto's member solicitors are experts in family law matters, including advising on financial settlement and drawing up legally binding consent orders. They can also advise you on the ancillary relief process and what a fair settlement would look like in your particular situation.
Our member specialists work across the length and breadth of the country and can help you wherever you are and whatever you require. Contact us today by emailing contact@oratto.co.uk or call our National Helpline 0845 3883765 to speak with one of our advisers.