A financial Consent Order is a document that sets out the financial agreement a couple divorcing or dissolving a civil partnership has reached. It is only valid if it has been drawn up correctly and has been approved and stamped by the family court. Once approved, a Consent Order makes the financial agreement reached legally binding and enforceable.
When do you need a financial consent order?
Anyone getting a divorce or dissolving their civil partnership is entitled to make financial claims against their spouse or civil partner . Those claims remain ‘live’ in the future even after the divorce or dissolution has completed unless they have been dismissed by a court order. It is generally a good idea to get a consent order, not only to dismiss potential future claims but to also formalise your financial agreement so that it is legally binding and can be enforced if it is not adhered to.
Is there a difference between a consent order and a financial order?
A financial order is a broad term that the court uses to describe an order in respect of the financial matters arising within a divorce or dissolution of civil partnership. A consent order is an order obtained from the court legally formalising the financial agreement reached between the couple divorcingor dissolving their civil partnership.
Can I do my own financial consent order?
You can submit your own financial consent order to the court. However, for the judge to grant the order, it must have been professionally drafted by solicitors.
How long does a financial consent order last?
A financial consent order is final and lasts forever, so it is crucial that you are happy with the terms.
Can I get a financial consent order before divorce or dissolution
To obtain a financial consent order divorce or dissolution proceedings have to have been commenced. The earliest the court can make a financial consent order is at the Conditional Order stage (formerly decree nisi) of the divorce or dissolution process. The consent order then comes into effect once the Final Order in the divorce or dissolution (formerly decree absolute) has been granted.
What is a clean-break consent order?
A clean break consent order is an order from the court which provides that neither party has any ongoing financial obligations to the other in the future. The clean break can take effect after certain actions have been taken.
What happens after the consent order is sealed by a judge?
As it is generally advisable to wait until the sealed consent order is received before finalising the divorce or dissolution, once the approved consent order has been received, the Final Order in the divorce or dissolution (formerly decree absolute) can be obtained. The parties can then move to carry out the terms of the order , for example, the sale of the marital home. The sealed order and Final Order from the divorce or dissolution will be needed by any pension company who are to put in place a pension share.
What are the chances of a judge rejecting a consent order?
If the judge thinks a consent order is unfair, they may reject it. In most cases, the consent order will have been drafted with the help of a professional solicitor, and these are approved without problems. However, if the application is rejected, the judge will set out clear reasons why and there will be an opportunity for the application to be resubmitted and fast-tracked back to a judge without having to return to the bottom of the waiting list.
Do I need a Consent Order?
Speak to one of our family law solicitors to decide.
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