Do I need a Consent Order?

We are often asked if a Consent Order is needed in divorce proceedings the answer is yes, it is advisable and recommended. 

A Consent Order is a document that is entered into willingly by both parties and it records the financial terms agreed between the parties.

Married couples have claims against each other’s income, property, capital and pension upon divorce and contrary to popular belief; these claims do not automatically end when the divorce concludes. This means that even after you are divorced you can still claim against each other’s assets, whether that be shortly afterwards or years later.

A Consent Order can record a variety of agreements, for example:

• If an agreement has been reached, but yet to be implemented;
• If assets have already been divided and needs confirming;
• If there are no assets but you simply wish to close your claims against each other

Once a Consent Order is drafted, this is sent to the Court for approval where a Judge will decide if the agreement reached is fair and reasonable in all the circumstances. In the majority of cases where a couple have agreed a Consent Order then the Court will deal with the application administratively ie without the need for a hearing so it is not necessary for parties to attend court. The judge does however need some financial information from parties before it can determine whether the Order is fair .  

If you are getting divorced then it is always advisable to consider your financial claims against your spouse and to close these claims, if possible. If you do not then there is the uncertainty of a future claim .

If you have come to an agreement with your spouse in respect of your financial claims against each other, whether this be in Mediation, or direct, then Johnson Astills can assist with the preparation of a Consent Order. If you wish to discuss whether Johnson Astills can assist you please contact us on 0116 255 4855.

If you have not come to an agreement about the division of assets, then please do not hesitate to contact us. At Johnson Astills we offer a fixed fee appointment with one of our family specialists who can advise you about the divorce process and financial settlement. If you wish to book in for a fixed fee appointment with one of our specialists, please contact the family law team on 0116 255 4855.