CONSENT ORDERS

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Consent orders in the UK

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Consent orders are regularly touted as a one size fits all accessory to a divorce application.

 

If you get divorced you NEED a consent order, right?

 

Don’t get us wrong, consent orders are a useful tool in the right circumstances.

 

But what are the right circumstances, and who needs a consent order?

Consent Orders – Lets start at the beginning.

A consent order is a contract, and contracts are legally binding.

Drafted correctly (and that’s an important point), they end the financial obligations of a marriage/civil partnership, and it is on this basis that they are sold.

Go on any divorce forum and you will read that you need a consent order to “protect yourself” from future claims.

Lets be honest, post divorce claims are very rare.

Your ex-spouse would first have to make an application to the court (they can’t just knock on your door), they would have to prove their ‘case’, and they would then have to be successful or win.

A consent order would ONLY protect you if it was drafted correctly, executed properly (meeting the legal requirements), and was signed by both parties.

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So what is a consent order?

First things first.

As a “contract” both parties need to agree to the consent order.

If your spouse is unlikely to agree to a consent order, don’t waste your money.

Without your ex-spouse’s consent and signature, it’s not worth the paper it’s written on.

 

As stated a Consent Order is a financial contract, jointly agreed by a divorcing couple, that finalises the financial obligations arising from the marriage, and can include but is not limit too:

Property

Pensions

Child maintenance

Spousal maintenance

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Consent Orders – Drafted by a Solicitor

Making arrangements in respect of financial matters can be very complex. And may involve jointly held property (with outstanding mortgages), pensions, maintenance for dependent children, and inheritances.

As such, you should obtain financial and legal advice prior to agreeing to a consent order, to ensure that it is fair to both parties. Remember it is a contract, and it will bind you and have ongoing legal consequences.

“we strongly recommend that you have your consent order drafted by a solicitor”

 

Be aware that consent orders may not be suitable if you have children that require ongoing care, and have changing needs, because it finalises financial arrangements. And these may need amending at a later date.

 

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You can obtain a consent order following or in addition to completing, an online divorce, or D.I.Y divorce application.

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DivorceBox, updated on August 19, 2017

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