Divorce Settlements and Consent Orders Explained

31 August 2017

People often don't worry about how the divorce process works but focus more on what will happen to their children and their finances during and after their divorce.

Many divorces in England and Wales are undefended (not contested), meaning that both people agree to the divorce. However, disputes often arise when dealing with children and the financial aspects of a separation.

When these disputes arise, the divorcing couple may be able to negotiate an agreement amicably without having to go to Court. This can be achieved by negotiating through a Divorce Lawyer, or with the help of Mediation.

Where a financial agreement is reached outside of Court, it is very important that the agreement is formalised so that there are no misunderstandings, either now or in the future. To do this, the divorcing couple should apply to the Court for a Consent Order.

What is a Consent Order?

A Consent Order is a Court Order approved by a Judge and sets out the financial arrangements that have been made by a couple who are ending their marriage or civil partnership. The Court Order will conclude all financial matters between them.

You don’t normally have to attend Court to get a Consent Order. Once the agreement has been reached, a Divorce Lawyer will draft the Order. This will then be passed to a Family Judge who will look to approve the Order.

It must be remembered that a Consent Order is a consensual agreement. However, the Judge does not have to approve the agreement and will only do so if it is seen to be fair and legal.

The Consent Order will incorporate a number of various sections, for more details see Divorce Consent Orders Explained.

Why Do You Need a Financial Order?

It is important to ensure that finances are dealt during the divorce/civil partnership dissolution process. Having a Consent Order approved by the Judge will allow peace of mind that in the future a financial claim cannot be made by either person. This is because Consent Orders usually contain ‘clean break clauses’, which prevent any future claim being made against an ex-spouse’s finances.

Without a Consent Order, your ex could potentially make a financial claim against you in the future. This means he/she could make a legal application requesting further money or assets from you. This can happen at any point, even if you have been divorced and/or estranged for a long time.

For initial divorce legal advice call our Divorce Lawyers on 03306069626 or contact us online and we will call you.

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