What is a consent order and what are the five reasons why you need one?

In the aftermath of a separation or divorce, navigating the legal landscape can be daunting, especially when it comes to financial matters and child arrangements. Consent orders offer a straightforward and amicable approach to resolving these issues and provide certainty for you and your future.

What is a Consent Order?

A consent order is a legally binding document that records the terms of an agreement reached between parties involved in a divorce or separation. It must be approved by the court, and then becomes a formal and enforceable record of the agreed-upon arrangements.

Why Do I Need a Financial Consent Order?

Consent orders offer several advantages over pursuing a contested court process:

1. Avoids the Cost and Stress of Litigation: Contested court proceedings can be lengthy, expensive, and emotionally draining. Consent orders, on the other hand, provide a more amicable and cost-effective resolution.
2. Preserves Privacy and Confidentiality: Court hearings may not be private and therefore a consent order will preserve confidentiality.
3. Promotes Amicability and Cooperation: Consent orders encourage collaboration and compromise, fostering a more harmonious relationship between you and your ex.
4. Provides Certainty: The Order will be binding and, in most cases, final. You can move forward knowing that matters are resolved and that you can rely on the agreement in the future.
5. Provides Autonomy: You will agree on what will and will not be included in the final agreement. An outcome, such as a sale of a property will not be imposed on you by the court against you wishes.

What Issues Can Consent Orders Address?

Financial Remedy Consent orders can address a wide range of issues arising from a divorce or separation, including:

• The ownership and division of property
• The division of assets
• The treatment of debts
• Spousal and child maintenance.
• Pension sharing and offsetting.

How Do I Obtain a Consent Order?

The process of obtaining a consent order typically involves the following steps:

1. Negotiation and Agreement: You will reach an agreement with your ex often with the assistance of solicitors.
2. Financial disclosure: There is a minimum financial disclosure requirement by both parties and a solicitor should check that this is correct and will satisfy the court.
3. Drafting the Order: Solicitors draft the consent order, ensuring it is legally sound, capable of enforcement and accurately reflects the agreed terms.
4. Court Approval: The consent order is submitted to the court for approval. The court may request clarifications or amendments before it is approved.
5. Sealing the Order: Once approved, the court seals the consent order, making it legally binding.

Seeking Legal Guidance

While consent orders offer a more streamlined approach to resolving post-separation issues, seeking legal guidance is crucial. An experienced family law solicitor can:

• Protect Your Interests: Ensure that the terms of the consent order are fair and equitable.
• Guide You Through the Process: Provide expert advice and support throughout the negotiation and drafting process.
• Timing: ensure that the making and implementation of the consent order and of the final order in the divorce proceedings are dealt with at the correct time. You could lose your rights and the claims you are making in the consent order if the best procedure is not followed.

Conclusion

Consent orders can be an invaluable tool for resolving post-separation matters in a constructive and cost-effective way By seeking legal guidance, you can ensure that your rights and  interests are protected you can move forward with a clear and enforceable agreement.

Contact Us

Make an appointment today.  Either can be booked here

Jo: https://calendly.com/justfamilylaw_joanne

Georgina  https://calendly.com/justfamilylaw_georgina

Call 01962 217640 or email joannehouston@just-family-law.com