Do we really need a Consent Order?

Consent Order

If you own assets or are likely to inherit any assets, then a consent order will provide you with the knowledge those assets are protected.

What is a Consent Order?

A consent order is a legally binding court order which sets out your agreement about your assets. You get it before you finalise your divorce and depending on the level of your assets, it will not cost a lot.

There are 2 different types of Consent Order:

  1. Clean Break Consent Order – If you have no financial ties or have already divided your assets, and there are no maintenance payments to be arranged, you can have a ‘clean break’ consent order.
  2. Consent Order – If you need to detail the arrangements or transfer assets, then a full consent order is required. This includes things like child maintenance, transfer of property, lump sum transfers and pension sharing.

Did you know? If you fail to get a consent order, your ex can make a financial claim upon you? This can happen even years after the divorce is final.

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So how do you stop this from happening?

Having a consent order before finalising your divorce, may cost you money in professional fees, but could save you thousands of pounds in the future. It ensures that your ex can never change their mind about the agreement and come back for more. We have had many queries from people who have lost money because they divorced without a consent order.

One client gave his family home to his ex because he wanted the divorce wrapped up quickly. They did not get the divorce settlement approved by the court. Two years later he remarried and had young children with his new wife. All was well and he was happy, until he received a letter from his ex’s solicitor, asking for a large lump sum. A lengthy court battle ensued and he nearly lost his home due to the cost of the proceedings. This was avoidable with a simple consent order, which would have cost him a few hundred pounds. The consent order would have set out the divorce settlement in clear terms, i.e. that the wife gets the matrimonial home and no other claims are to be made by either party.  This would have prevented his ex from ever making a claim upon him and he would never have heard from her.

But I trust my Ex and there aren’t many assets to share

These are many excuses people make for not getting a consent order. What they don’t account for is that people and circumstances change.

Don’t make excuses, take action and protect your financial future. Drafting a consent order doesn’t take long and it does not cost the earth so it worth investing in your peace of mind. Having a consent order means you can move on with your life, without worrying about what may happen in the future.

We appreciate that dealing with the financial settlement is one of the most stressful things that a person could ever go through. It is a worry, but burying your head in the sand is not the answer. We can help you through the process and make it as simple as possible. Our Negotiators will take the time to talk to you both about your divorce settlement.

We will also assess it to make sure that it is fair and tell you whether the court is likely to approve it. Don’t worry, if it is not fair, we can suggest alternative options that may work better for you both.


Mediation encourages conversation and gives the opportunity to discuss the aspects of divorce that needs resolving. Such as children arrangements and financial settlements.  The mediator is completely impartial and the conversations are non-binding. Once agreed this then goes back to your legal representative to make it legally binding. Saving you from costly litigations and court costs.  The key is to start mediation at the very beginning of the divorce process to save you money and solve issues. This gives you the ability to agree on settlements before starting lengthy, costly legal engagements. Depending on your reasons for divorce. Mediation can be difficult as you do need to be in the same room to negotiate discuss relevant elements of your divorce.

The best thing about our service is that we talk to you both. We are not like solicitors who encourage one party to claim as much as possible from the other. We listen to your case with an independent objective view and offer solutions that work for both parties. This approach makes the process more bearable and makes an agreement more likely. No one wants to fight an expensive court battle. It is stressful and most of your matrimonial assets get wasted away in legal fees. As with all our clients, we will help keep your case out of court and encourage you to come to an amicable agreement. Once you have reached an agreement, we will draft it in the correct legal wording and send it to court for approval.

Whether you only have one home, multiple pensions or run a business, we can help. If you have reached an agreement or if you find it difficult to see eye to eye, we can help.

Here is what some of our clients have to say about our consent order service:

“This was the best option, as it is fair to both parties, and cuts down on cost and worry. Use Divorce Negotiator- you won’t regret it!”

“We both liked the advice given and instructed them straightaway. 5 months later we had finalised our divorce with an approved financial settlement.

“The Divorce Negotiator team were brilliant! They dealt with my paperwork and making the whole experience easier for me.”

“Total absence of competing with each other has meant we have emerged as friends.”

If you want to secure your future and move on with the knowledge that your assets are secure, give Divorce Negotiator a call to discuss your situation. We know how important a consent order is, which is why we don’t charge for our initial consultation. There is no hard sell, we just want to give you a chance to work things out, by speaking to a professional first. You will find out how much your consent order is going to cost, how long it will take and what process you need to follow.

Ready to secure your financial future?

Do we really need a Consent Order? was last modified: December 11th, 2019 by John Fuller

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