Consent Order

Separation is not easy for anyone, and sometimes the mention of the word court can cause tension and anxiety, and may pointlessly intensify the situation further.The very first thing one needs to understand is that the divorce simply deals with the ending of the marriage and it does not cover finances or your parenting arrangements.  That’s why consent order is essential.

What is a consent order?

A consent order is an order made during in divorce proceedings, where both parties have agreed their financial settlement and consent to an order being made without the need for a court hearing. The order can also include details on spousal and/or child maintenance arrangements, which enables the family court to enforce these if the maintenance is not paid.

Is Consent Order legally binding?

A consent order is a legal document that has to be drafted by an experienced legal professional to become legally binding. You need to get a solicitor to draft a ‘consent order’ and ask a court to approve it – this makes it legally binding. The order becomes legally binding when the Decree Absolute has been granted in the divorce proceedings.

A consent order is a legal document that confirms your agreement. It explains how you’re going to divide up assets like:

  • money
  • property
  • savings
  • investments

It can also include arrangements for maintenance payments, including child maintenance.

Consent Order court approval

There’s usually no court hearing. A judge will approve your consent order to make it legally binding if they think it’s fair.

If they do not think its fair, they can:

  • change your consent order
  • make a new court order to tell you how to divide your money and property

Why should I get a consent order?

It is always sensible to draw a line in the sand when it comes to splitting your financial matters in a divorce. If no order has been made then, unless they have remarried, either party can go to the court and make a financial claim against the other, even years after the divorce took place.

And if one party does not keep to the terms of the settlement the other party will need to ask the court to take steps to enforce the settlement, but the court can only take enforcement action if the settlement has been incorporated into a court order.

Contact Us for Legal Advice regarding the Consent Order

 

Consent Orders are such binding documents and so difficult to revise, it is crucial that each party receives proper advice before agreeing to terms of the settlement, and then the document is professionally drafted to certify all the necessary terms are included in suitable terms.

There are specific rules as to how a consent order should be drafted and what can and cannot be included in one and we can advise you in this regard.

To discuss your options in relation to obtaining a consent order please contact our solicitors on 01206 500181.