A Consent Order is a financial agreement order made in the divorce proceedings that needs to be approved by the judge. It is a financial settlement to which both parties must agree and does not require a court hearing.
The terms of the financial settlement, defined within the Consent Order are filed by both parties along with a brief financial statement that sets out their current financial position.
A Judge will review the order to see if it is fair to both parties and therefore, meets the Matrimonial Causes Act criteria. If it is legally acceptable the Judge will give it the courts approval.
The order only becomes legally binding when the Decree Absolute has been granted or when the Judge approves it. This depends on what the terms of the order are.
If you have agreed how you will split your property, assets, and finances you will need to obtain a consent order. A Consent Order makes your divorce settlement legally binding.
If you are selling or transferring property, making a pension sharing order or paying money from one party to the other. To make sure both parties carry out what they have said, you are strongly advised to obtain a consent order.
Neither you nor your spouse will be able to file claims against each other, once the consent order has been approved. This protects your future after the divorce. There are some occaisions where one party ‘can’ apply for a variation.
The main reasons to obtain a consent order are for people who want the security of knowing that what they have agreed before the divorce, is what they will get after the divorce.
Without one, your partner does not have to stick to your agreed divorce settlement. They could take you to court in the future for more money.
A consent order is a legal document, drafted by an experienced legal professional for it to become legally binding. It can only be applied for once the decree nisi has been granted in the divorce proceedings. You cannot have a consent order without a divorce having been issued first.
We draft consent orders for all types of divorce settlements, whether they are simple or complex. It will be drafted by an expert with over 10 years experience. Whether you just have one property, a few assets or have a complex portfolio including businesses, we can help you.
We, at Divorce Negotiator, are Consent Order Experts, and we have helped 100s of people to successfully get their consent orders approved by the court. But don’t take our word for it, Click here to read what our clients have to say. Some comments include:
“Excellent service – it was so quick and easy!”
“I saved so much money by choosing Divorce Negotiator.”