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Written by:

Inayah Habib

Solicitor

0121 725 5527

Posted on

June 12, 2024

Category

Do I need a Consent Order when divorcing?

In most cases you will need a Consent Order when getting a divorce. These claims would include capital, lump sums, maintenance, and pension claims. It is therefore not only the marriage that would need to come to an end, but also the financial claims against one another.

Firstly, it is important to understand what a Financial Consent Order is. A Consent Order is a legally binding document which stipulates the agreement that you have reached with your former partner in relation to the financial aspects of your divorce.

A Consent Order is usually divided into two main parts. The first is the preamble and contains recitals and the second part is the formal court order. A recital records matters of fact that are helpful for the court to have on the face of the Order, or agreements that cannot properly be framed in the court order. The formal court order would contain the orders that the court is making to affect the financial agreement between you and your former partner.

Typically, the Consent Order will include a ‘clean break’ clause. This clause would prevent the parties from making any further claims against the other’s assets in the future. Without this clause, you would not be protected, and your former spouse could potentially make a financial claim years after your divorce.

Once an agreement has been reached between the parties, solicitors would need to draft the Consent Order in readiness for the same to be submitted at court for approval. It is important to note that the Consent Order can only be lodged once the Conditional Order in your divorce has been granted.

Along with a Consent Order, the parties would need to submit a Statement of Information (Form D81) at court. The Statement of Information is a standard court document. The purpose of this document is to set out the facts of the case. The court requires this information so that it can decide whether it is appropriate in all the circumstances to approve the financial Consent Order sought. This information will include the parties:

  • Assets (properties, bank accounts, investments, etc)
  • Liabilities (credit card debt, loans, etc)
  • Pensions (the Cash Equivalent Transfer Value of each pension held by the parties)
  • Income (salary, benefits, maintenance, and other income)

Other general information is also requested upon this form, including the date of marriage, separation, dates of birth of the parties and any children, etc. The parties will have the opportunity to explain how and why they have reached the agreement that they have.

As a Consent Order is made by agreement, it is important to remember that both you and your ex-spouse must sign the documents. If your ex-partner is not in agreement to sign the documents despite there being an agreement or you wishing to obtain a clean break, you may need to refer the matter to court. It is important that you obtain specialist legal advice in relation to this.

If you do require any further information or wish to discuss your matter, please get in touch with our Family Team on 0808 3037 245 and we would be happy to help.

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