Depending on how well you understand divorce law and the legalities surrounding it, you may or may not know what a consent order is and what it’s used for.
A consent order is a legally binding court order that states how a divorcing couple intend to divide their assets and finances such as property, pensions and savings upon the completion of their divorce.
A consent order is a voluntary agreement that not every divorcing couple will decide to enter into, although obtaining one is advisable as it is the only way to legally protect your assets and finances after a divorce.
Obtaining a consent order is the only way to legally sever all ties from your spouse and without one you are open to future claims in the future, hence the importance of entering into a consent order after divorce.Consent Order Service - £139
A typical financial order would include a clause to sell the matrimonial home and share the pensions, so both parties get a fair share of held assets.
Other assets held within a marriage can be included in any financial order, including;
This list is by no means an exhausted list of what you can include in your financial order and should you have any questions about entering into a consent order, please call us on 01793 384 032.
As the name suggests, full consent to the financial settlement is required from both parties and without it, it’s impossible to obtain one.
Obtaining a clean break from your spouse after divorce is vitally important and therefore it’s worth trying to agree with your spouse the settlement before visiting a solicitor for advice.
There have been some high profile cases recently of lottery wins where the husband has had to pay their ex-partner several millions of pounds, even after being divorced for 10 years.
In both cases, there was no consent order obtained after the divorce, which allowed claims against the lottery win and the impressive business assets.
Obviously, lottery wins are few and far between, but this situation applies to every day life with things such as inheritance, lump sum payments and work promotions.Consent Order Service - £139
The most important reason why you should always try to make for a clean break order after divorce is because without one you are still financially tied to your ex-partner, even after years of being divorced.
Obtaining a consent order gives you the comfort and piece of mind that you cannot be claimed against, were your financial circumstances to improve in the future.
We hear too often from couples, “we are amicable, they won’t claim against me”, then later down the line one party to the divorce finds a new partner and then the amicable relationship dwindles and claims against you become more likely.
We always encourage couples to amicably arrange their financial settlement early on in discussions and give each other piece of mind going forward that what is theirs, stay theirs in the future.
Trying to reach a fair and reasonable financial settlement is benefitial to both parties, not only could it save you thousands in legal fees, you can also both move on with your lives knowing that your finances are secure going forward.
The costs of obtaining a consent order considerably changes depending on how you choose to obtain a consent order, e.g. via a high-street solicitor or using Quicke Divorce.
Using local high-street solicitors to draft your agreed financial order could cost you £1,000 plus VAT, and that's if your financial settlement is fairly basic without many clauses.
If you have already agreed how you intend to divide your assets and finances between you, then we can draft you a consent order for just £139 including VAT, saving you over £1,000.
To make your consent order legally binding, a qualified solicitor must draft it, but you don’t need to spend thousands of pounds on doing so.
Like with all applications to the courts, there is a charge for doing so, which in the case of consent orders is currently £50. You pay this fee at the time of filing your financial order with the court.
If you are on a low income or receive certain benefits you may be exempt from paying these fees.Order Online Now - £139
Don't spend £1,000 on having a high street solicitor obtain you a consent order, our qualified solicitors can help you for just £139 fixed fee, within 28 working days.
*Please Note: There are mandatory court fees of £50 payable directly to the court, but you may be exempt if you are on a low income or certain benefits. Please click call us for free consultation on 01793 384 032
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Once you have ordered online and provided us with the necessary information our solicitor needs to prepare your consent order, it typically takes no longer than 28 working days to be individually drafted and sent to you.
Once you have filed your agreement it should take between 6-8 weeks for the agreement to be signed by the judge and become legally binding.
Both parties will need to complete a document called “statement of information”, which consists of your current income, any capital you have and any property and pension values.
For more information on what will be expected to be disclosed in your consent order, please call us on 01793 384 032.
A typical consent order can include pensions, savings, property, investments and child and spousal maintenance.
For more specific information about forming a consent order and what can be included, please call us on 01793 384 032.
Yes, a consent order is an agreement by consent and cannot be obtained without both parties signing the documents.
Both parties will be expected to produce an honest and open disclosure of their assets and finances, before both parties are required to sign the consent order.
Your financial order is a different procedure to your divorce, but they do run alongside one and another if filed at the right time.
However, you cannot obtain a consent order without a divorce. If you have started divorce proceedings you can file your consent order once you reach the decree absolute stage.
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