Financial Consent Orders Divorce Solicitors Berkhamsted, Amersham & Beaconsfield
What is a financial consent order?
A Financial Consent Order is a document that sets out the financial settlement a couple divorcing or dissolving a civil partnership has reached regarding their assets like property, pensions, savings and investments. 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 arrangements reached legally binding and enforceable.
Do you need a Financial Order when divorcing?
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 advisable to get a consent order divorce, not only to dismiss potential future claims but to also formalise your divorce financial settlement so that it is legally binding and can be enforced if it is not adhered to. Without one, there is a risk of divorce without financial settlement that leaves financial loose ends.
What is a financial order?
A financial order is a broad term that the court uses to describe an order in respect of the financial aspects arising within a divorce or dissolution of civil partnership. A consent order is an order obtained from the court legally formalising the divorce settlement agreement reached between the couple divorcing or dissolving their civil partnership.
Can I do my own financial consent order?
You can submit your own financial consent order to the court using a draft consent order template. However, for the judge to grant the order and provide court approval, it must have been professionally drafted by solicitors.
How long does a financial order take in the UK?
A financial consent order is final and lasts forever, so it is crucial that you are happy with the terms of the divorce financial settlement.
Can you divorce without a financial settlement?
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. So while you can technically get divorced without a financial settlement, it is not advisable as it leaves the door open for future financial claims.
What is a clean break order?
A clean break financial order is an order from the court which provides that neither party has any ongoing financial obligations to the other in the future, such as spousal maintenance or maintenance payments. The clean break order after divorce can take effect after certain actions have been taken, such as the sale or transfer of the marital property. It provides a clean financial break.
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 property, setting up child maintenance, or implementing a pension sharing order. 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. Reasons for rejection could include the order not providing sufficient bankruptcy protection or a property adjustment order that seems imbalanced.
Do I need a Consent Order?
Speak to one of our family law solicitors to decide if you need a consent order. We can advise on all the financial aspects of divorce, including what am I entitled to in a divorce, what is a wife entitled to in a divorce settlement, whether you need a clean break order, and how to structure a fair divorce settlement agreement. We can also assist with alternatives like mediation to reach agreement and avoid costly court proceedings and legal action.
Make An Enquiry Today
To ensure you receive the best family law advice available, please call us now on 01494 328848 or Make An Online Enquiry and we will get back to you right away.
We inspire trust and confidence in our clients by offering high-quality advice in a clear, straightforward and compassionate manner.
