A clean break Consent Order is a voluntary agreement entered into by 2 parties getting divorced. It is created to prevent either party from making any claims against the other’s future income and/or assets.
Without a Consent Order, either party can make a claim against the other’s finances. The completion of the divorce through the pronouncement of the Decree Absolute does not, by itself, prevent one party making a claim against the other’s income or assets. This requires a Consent Order.
There are two types of clean break Order.
Full clean break Consent Order
This dismisses both spousal maintenance and capital claims against either party in the divorce.
Capital clean break Order
This is when there is a maintenance order in favour of a husband or wife. In such cases where there is ongoing maintenance, a court can only impose a capital clean break. Neither party can come back to apply for capital or lump sums in the future. Maintenance can be varied upwards or downwards if there is a change of circumstance or sometimes after a lapse of time if the maintenance is not linked to the Retail Price Index (RPI) or Consumer Price Index (CPI).
Sometimes, however, the parties will agree a nominal maintenance Order which recognises that maintenance is not payable now but leaves the door open for income claims to be made at some point in the future if there is a change in one of the parties’ circumstances.
A clean break Order does not prevent the primary carer of the couple’s children from claiming child maintenance. It is not possible to dismiss child maintenance claims through the Courts. If not dealt with in the Order, the primary carer will be able to apply for such maintenance through the CSA (now the Child Maintenance Service).
There is no difference in outcome between a clean break Consent Order and a clean break Order. The only difference is that the clean break Consent Order is made with both parties’ agreement whilst the clean break Order is imposed upon them by the Court
A Consent order needs to be a fair agreement that divides the assets and debts of a couple. If the agreement is seen to be in favour of one party over the other, then the judge will not approve the agreement. The grounds for the divorce are not relevant when it comes to the Consent Order. If one party feels aggrieved because of the grounds for divorce, for example, the other party committed adultery. This will not be taken into consideration by the court. A Consent Order will be impartial and fair.
What is a consent order/clean break order?
- It is an agreement between two consenting adults regarding how their assets are to be split
- A document that ensures all matters are dealt with and parties cannot return to court for more in the future
- An instrument that details how and when payments should be made and when they will cease
- It can only be approved by the court to become an approved order of the court
All sounds very simple so far. BUT
- You also need a financial statement in support of the consent order
- A form A to be filed with the consent order
- Letter to court with an explanation where necessary
- An application for a consent order to which you pay £50 to the court
- Implications when parties are not fully aware of the assets
You will get all the above from as little as £499. Cost may vary depending on the complexity of your finances.
When might you pay more?
- When you require a pension sharing order
- If you have more than one property
- If you have an interest in a trust
- You have a complex business arrangement
- When you have a share save scheme in a company with a 3-year option
- You have properties abroad
- We advise that the agreement you reached will not be approved by the court
We have helped 100’s of clients to obtain a court-approved divorce consent order and we can help you too. You will not need to attend Court.
Do I need a Consent Order?
If you are selling or transferring property, making a pension sharing order or paying money from one party to the other, you should get a consent order. The consent order makes your agreement legally binding. This means if your ex-partner does not follow the terms of the agreement, you can take your ex-partner back to court.
Another important reason to keep in mind is that when you get divorced, your marriage ends but your financial ties do not. This means that an ex-partner can make a claim on your finances even years after the divorce. The only way to stop this from happening is to get a consent order, even if the order says that you do not want anything from each other. If you were to win the lottery or inherit some money, then your ex could come back with a case to have a share of that windfall without a Consent Order in place.
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Benefits of using Divorce Negotiator for your Consent Order
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 have extensive experience in drafting consent orders.
- We draft Orders 5 days a week – from 9 am – 5 pm. So you can be sure that someone will always be on call to lend a helping a hand. You will not find another service like ours.
- Once you have reached your agreement, we start drafting the order immediately – without delay. We can prepare most orders within a few days depending on the complexity.
- Our service is very competitive. Save thousands in high street solicitor fees.
- With our service, you will not need to attend a court hearing. We will file the order for you for a judge to approve.
100s Satisfied Customers
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.”
Call us today to speak to a professional. The call doesn’t cost you anything and you may save yourself money with the guidance you receive.