A financial consent order can help you make sure that your finances and assets are fully taken care of after a divorce. They outline the rights you each have to shared assets, such as money, investments ad property. We are here to help you get a consent order in place, protecting you and your family, both now and in the future.
Our family law solicitors will be there for you throughout your divorce, so you and your family can look forward to the future.
What is a Consent Order?
After your divorce or separation, you will want to make sure that the agreements you have made with your former partner are final. If no legally binding documents have been set up to finalise your financial arrangements, your former partner may be able to take you to court. They could claim for a different amount of the assets you shared during the marriage. They could even claim for assets you acquired after the divorce.
Can a Financial Consent Order Be Overturned?
Generally, these orders won’t be overturned by the courts after they have been agreed upon and approved.
A financial consent order is considered final in order to benefit both parties, protecting you both from future legal action.
How Long is a Consent Order Valid?
A consent order is valid indefinitely and does not expire.
Avoiding Going to Court with a Consent Order
The best way to avoid going to court is with a consent order. Once you have agreed on a financial agreement with your ex-partner, this can be drafted into a legally binding order by your solicitor. Both you and your partner need to receive independent advice about its terms and then sign the document. The court can then approve everything in your absence for a one-off fee of £50.
Before your divorce consent order is drafted you need to agree on how you will divide your assets and belonging with your former partner.
You can reach such an agreement together, with the help of a mediator or through solicitor negotiations.
If You Can’t Come to an Agreement With Your Former Partner
If you and your former partner can’t agree on how to divide your assets even with the help of a mediator, then you can ask the court to decide for you. Getting a consent order is no longer an option if this happens. Both of you have to agree to split the assets in whatever way the court decides.
Before Signing Your Consent Order
Before you make any decisions and finalise any financial agreements you should make sure you know exactly what assets you and your former partner hold. If you don’t have a clear picture of your earnings, savings or other assets, then you may not be able to reach a fair agreement
Consent Orders and Child Maintenance
If you have children together, you can agree and settle child maintenance arrangements at the same time, or on a separate occasion if you prefer.
Even if you were not legally married or in a civil partnership, you will still both be responsible for your children. Child maintenance must be arranged even if you are separating as an unmarried couple.
When You Can Draft Your Consent Order
You can have a consent order drafted after you have started the paperwork to end your marriage or civil partnership. It needs to be finalised before you have applied for the final legal documentation that will end the relationship. In divorce law, this final document is known as the ‘decree absolute.’ In a civil partnership, it is known as a ‘final order’.
A financial consent order after divorce can help you to ensure your finances and assets are fully taken care of. Our specialist divorce solicitors can help to support and guide you throughout the whole consent order process.
Frequently Asked Questions
What is a consent order?
A consent order is set out between you and your ex after divorce. It is a legally binding document that outlines how you will split your assets, your debts, and even your pension and income.
It is highly recommended to get a consent order as it's a final agreement between you and your ex, and will protect both parties if either of you wanted a different share in the future.
By having a consent order in place you will also protect any future earnings and assets you may acquire after divorce.
How long is a consent order valid?
A consent order is valid indefinitely. Your consent order is a final agreement between you and your ex after divorce. This means that your consent order won't expire.
Can a judge change a consent order?
It is very unlikely for a judge to change a consent order. What does happen in some cases is that a judge may return an application for a consent order with a request to clarify a certain section.
When you agree on the terms of your consent order your family law solicitor will make sure that your divorce consent order is completely clear to avoid this from happening.
What happens after my consent order is sealed by the judge?
After your consent order is sealed by the judge your consent order is finalised and you can start moving forward with your life.
There are no further steps you will have to take, your consent order is now in place.
Can a consent order be overturned?
It is very rare that financial consent orders get overturned. In general, consent orders are legally binding so they won't be overturned after they have been finalised.
Our family solicitors have only ever known a consent order to get overturned when it was proven that one of the partners blatantly lied and failed to disclose high-value assets from their ex during the negotiations.