Consent Order Solicitor Service
Answer the questions below to learn which consent order you need
What is a consent order?
It is a written agreement setting out what will happen with the finances after the divorce. This can include capital, income and pensions. The Judge has to approve the Order but if both parties have had legal advice in relation to it, the Judge usually deals with it on the paperwork alone, without either party having to attend court. The Order is filed following an agreement reached between the parties, whether that is an agreement reached between them directly, through mediation or with the assistance of solicitors.
Types of consent orders
- Clean break only – this is used where you either do not have any assets and simply want to dismiss any future financial claims or you have already divided your assets between you on an amicable basis and wish to prevent any claims in the future. You may wish to consider a clean break order even if you do not have any assets at the present time. This is because things may change in the future – you might develop a hugely successful business, come into inheritance or win the lottery!
- Standard or Detailed – this is where you are still dividing marital assets, such as a house, pension or savings as part of the divorce process. By filing the order at court you set out the agreement that you have reached formally. It also prevents there being any claims in the future.
Why you must sort out your finance after divorce
If you do not have a Clean Break (or a final order from the court if matters have been contested) then you will continue to have claims against each other in the future. This can have implications if value of assets change such as a house goes up in value or pensions are paid into, so it is wise to consider sorting out finances and putting in place a binding agreement when you divorce.
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