How do I get a Consent Order? A simple guide

How do I get a Consent Order?
Rosalind Russell in the 1949 movie ‘Tell it to the Judge’ – and that, in essence, is what a Consent Order is all about

  What’s a Consent Order?

You’ve agreed the matrimonial finances. The next step is to get a Consent Order so you know it’s done and dusted. Once it’s made, neither of you can:

  • go back on the agreement
  • come back for a second bite of the cherry.

  How do I get a Consent Order?

Contact an experienced family lawyer because your Consent Order needs to be technically accurate.

  When’s the best time to get a Consent Order?

As soon as you are in agreement. But did you know that a Consent Order cannot be made by the Court until your decree nisi has been pronounced?

  What do I send to the Court?

  What’s a ‘statement of information for Consent Order’?

This sets out your finances. It’s vital to complete it accurately. See my blog Financial Disclosure on Divorce – 10 Things You Need To Know for the dire consequences of being less than frank in financial disclosure.

  What will the Court do?

The Court’s duty is to make sure the Consent Order is fair, makes proper financial provision, and is technically correct. The Court will firstly consider the welfare of any children. It will then consider your –

  • income, earning capacity, property
  • financial needs
  • standard of living during marriage
  • ages and length of marriage 
  • disabilities
  • contributions made 
  • conduct if it would be inequitable to disregard it

If the Court isn’t convinced it’s fair, or if the order is technically incorrect, they will raise queries. These can mostly be dealt with by letter. Occasionally there can be a short Court hearing.

If you want to make sure you come to a fair agreement, read my blog Financial Settlement on Divorce, How To Get The Best One For You – 5 FAQs.

  How can a Consent Order be wrong?

If it’s unfair. For example if one of you ends up with valuable assets but the other doesn’t. But this can sometimes be fair if there are unusual circumstances such as a short marriage. See my blog Short Marriages – 10 Things You Need To Know

  How else can a Consent Order be wrong?

If there are technical errors. The Court can only make certain orders. These include:

  How to get a Consent Order right

The simplest answer is to ask an experienced family lawyer to draft it for you.

  What’s a recital/preamble?

The paragraphs above the words “By Consent it is Ordered“. What’s included?

  • Agreements that can’t be orders
  • Undertakings to the Court (an undertaking is a solemn promise to the Court)

For example to return the oil painting of your mother in law. Or to take turns looking after Rover, the beloved family pet. Or to pay the mortgage on the family home. This is relevant if the house will be yours but the mortgage is still in joint names because of financial constraints.

  But what happens if my ex ignores what’s in the recital/preamble?

You can make an application to the Court for enforcement.

  When does a Consent Order come into effect?

When it’s sealed by the Court, or when your decree absolute is obtained, whichever is later.

  How do I get a Consent Order?

Contact Family Lawyer Joanne Houston on 01962 217640 for an initial free of charge consultation on the question How do I get a Consent Order? In this 20 minute session she will review your situation and how you can achieve your objectives.

JUST FAMILY LAW are specialist divorce and family lawyers. We offer Pay as you go costs. We offer Collaborative law solutions tailored to your family’s needs.

The topics covered in this blog post How do I get a Consent Order? are complex. They are provided for general guidance only. If any of the circumstances mentioned in this blog apply to you, seek expert legal advice.

image credit for How do I get a Consent Order? Columbia’s ‘Tell it to the Judge’

 

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Pensions on Divorce – What Can You Expect?

Pensions On Divorce

Worried about pensions on divorce? Make sure you know how to get your fair share, and how to protect a pension which shouldn’t be included.

Valuing Pensions on Divorce

Ask your pension provider for the Cash Equivalent Transfer Value of your pension. This will give you an idea of the value of the pension but it can be inaccurate.

If you’re making a claim over a valuable pension you should consider obtaining a valuation from an actuary.

Pension Actuarial Reports

This will help you get a fair share of a valuable pension. An actuary will work out the realistic value. He or she will advise how best to divide the pension to provide equality of income in retirement. This will for example take into consideration your different life expectancies. If you’re a woman, you will need more than half as you’re likely to live longer.

State Pension after Divorce

Find out your entitlement to a State Pension when working out your financial settlement. Here’s a link to a form you can complete to obtain a forecast. Or you can phone, or emailYou can obtain an online forecast if you have an HMRC account

Family Home or a Share of Ex’s Pension?

It’s a hard decision. But in the long run you could face a difficult retirement with a limited income whilst your ex is reaping the benefit of a valuable pension pot. Make sure you get expert legal adviceMost Divorce Solicitors offer free initial advice – we certainly do.

What is Offsetting?

This is where one of you keeps their pension and the other gets more property or savings etc instead. But there’s always the risk the pension will ultimately provide more security in retirement than the alternative assets.

Can I Keep My Pension out of the Divorce?

Try arguing it’s a non matrimonial asset. Can you say some or all of it accrued before the marriage? Or can you offer a greater share of other assets to compensate? But the only fool proof method is to enter into a Prenuptial Agreement before the marriage, or a Postnuptial Agreement during the marriage.

See my blog Ring Fence & Protect Assets On Divorce.

Pension Sharing on Divorce after Retirement

One approach is to equalise your incomes with a pension sharing order or a maintenance order. This is a complex area and you should seek expert advice from a family law solicitor.

Getting Married?

If you don’t want to risk your pension (or other assets), consider a Prenuptial Agreement. Here’s a helpful factsheet on the subject.

What is a Pension Sharing Order?

It gives away a share of a pension by transferring a percentage of it into another scheme. The Order can be made by consent so you don’t have to go to Court. It’s served on the pension provider. Bear in mind pension providers charge fees for sharing pensions. Here’s a link to the form that needs to be filled in. It’s annexed to a Consent Order. (Read here how a Consent Order will protect you).

Can I get my Ex’s State Pension?

You may be able to use your ex’s National Insurance Contributions to boost your State Pension. The Additional State Pension can also be shared on divorce. Here’s a helpful link to the Pensions Advisory Service

Pensions on Divorce

Contact  Joanne Houston on 01962 217640 for free advice on Pensions on Divorce. In this 20 minute session we will review your situation and how you can achieve your objectives.

See my blog about how to get the best financial settlement on divorce.

Did you know there are different rules for Short Marriages?


JUST FAMILY LAW are specialist divorce and family law solicitors offering personalised legal solutions. We offer collaborative law which is especially relevant in providing solutions tailored to your family’s needs. This includes same sex couples and their families. Visit our website just-family-law.com The topics covered in this blog post are complex and are provided for general guidance only. Therefore if any of the circumstances mentioned in this blog have application to you, seek expert legal advice.

image Bubble Couple by Martin Mutch on Wikimedia

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