How to Get a Divorce Consent Order

04 May 2017

In England & Wales a Consent Order from the Court makes your Divorce Financial Settlement legally binding, meaning your ex cannot make a financial claim against you at any point in the future.

What is a Consent Order?

A Consent Order is a type of Court Order that can be granted by the Court during divorce proceedings, or during the dissolution of a civil partnership.

Not everyone who goes through a divorce chooses to get a Consent Order, but it’s an extremely good idea. Why? Because even though a Decree Absolute means that you are no longer married to each other, the law entitles your ex-spouse to demand further money from you at any point on the future – be it weeks, months or even years after your marriage has ended. The only way to prevent this from happening is to get a Court Order from the Court.

There are two types of Court Order that end your financial commitments to each other after a divorce: a Consent Order and a Clean Break Order.

Who Should Get a Consent Order?

Consent Orders are for people who:

  • Are going through a divorce or civil partnership dissolution
  • Have financial assets that need to be divided

Financial assets might include the equity of the family home, pensions, maintenance and investments.

If you and your ex are in agreement about the division of financial assets, you don’t necessarily have to do anything else; you don’t have to get a Court Order if you don’t want to. However, the agreement that you have made will not be legally binding, meaning each person will remain vulnerable to financial claims being made against them at anytime in the future.

For example, imagine that a few years after your divorce one of your relatives dies, leaving you a large inheritance. In this instance, your ex would be allowed to make a claim on that inheritance. That’s why many people get a Consent Order, as it prevents financial claims from arising in the future.

How to Get a Divorce Consent Order

To get a Consent Order all you need to do is ask a Family or Divorce Lawyer to draft the Consent Order document on your behalf. It will set out the terms of your Divorce Financial Settlement, clarifying exactly who gets what.

The Consent Order application will then be sent to the Courts where a Judge will review it. If the Judge thinks the agreement to be fair, and believes it protects the interests of any children involved, the Consent Order will be granted. After this, your ex is not legally entitled to claim further money from you, drawing a line under the financial commitments between you.

A Consent Order is very similar to a Clean Break Order, but with a Clean Break Order there are no assets to divide. For more information see Clean Break Orders Explained.

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