Divorce and Separation: the 5 reasons why you need legal advice and a consent order before selling your house
The dissolution of a marriage or civil partnership brings with it a myriad of financial considerations, particularly regarding the division of assets, including the family home.
It’s easy to overlook the legal implications of selling the property, especially without a court-approved consent order when there may be other factors impacting your decision making such as the need to move on or to take advantage of a favourable property market.
A consent order, also known as a financial settlement agreement, is a legally binding document that outlines the agreed division of assets, including the proceeds from the sale of the family home. This document serves as a protective shield against future disputes and ensures that both parties are treated fairly and equitably.
Safeguarding Your Rights and Interests
Without a consent order in place, selling the family home can expose you to a range of potential legal challenges.
Selling the house and dividing the proceeds by agreement is not an end to dealing with financial claims arising from a marriage. Further claims remain live and you could be exposed in the future if all issues are not addressed and agreed.
Here are some compelling reasons why it is important to have a consent order in place before proceeding with a property sale:
- Clarity and Certainty: A consent order provides a clear and unambiguous record of all the agreed financial arrangements, eliminating any room for misinterpretation or future disagreements.
- Precision: A consent order will set out exactly how the proceeds of dale of the family home will be divided.
- Moving forward: Being proceedable in the property market for your onward property purchase may be dependent on having a consent order setting out the basis of the financial settlement
- Legal Enforceability: A court-approved consent order is legally binding, meaning that both parties are obliged to adhere to its terms. This enforceability offers peace of mind and protection against potential breaches of the agreement.
- Protection Against Future Claims: A consent order acts as a safeguard against future financial claims by your former spouse. Once finalized, the consent order extinguishes any ongoing financial ties between the parties (save income claims in certain cases), preventing any potential claims for a share of the property’s proceeds. There can be no second bite of the cherry.
Seeking Experienced Family Law Advice
Navigating the legal intricacies of property division can be daunting, especially within the emotional complexities of separation. Seeking expert legal guidance from a family law solicitor is essential to ensure that your rights and interests are protected throughout the process.
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.
