Do I Need a Consent Order?
Do I need a Consent Order?
Some clients who are divorced or are in the process of getting divorced ask whether they need a consent order.
Where you have agreed how you will deal with the divorce finances (even where you decide not to make any claims against each other) the answer is in most cases, yes. If you have been unable to agree on how the finances should be dealt with you should seek legal advice to discuss your options further. Surprisingly many people go to the trouble of getting divorced but do not end their financial relationship with their spouse which can result in unnecessary future stress and complication.
Spouses, as a result of their marriage have financial claims against each other and they are not brought to an end by the decree absolute. The most usual way to conclude your financial claims against each other is by a court order. The court order can either be a consent order (where the parties agree the settlement terms and ask the court to approve these) or by financial proceedings (where the parties cannot agree and ask the court to decide on the terms of the order). Even if there is to be no movement of monies it is advisable to have a consent order. In the case of a remarriage this in some situations bar your claims against your former spouse and so it is advisable to deal with your financial claims at the time of the divorce proceedings.
A consent order makes the terms legally binding and it will be in full and final settlement of all your financial claims against each other. A consent order is an important and document and the consequences of this agreement may affect the remainder of your lives.
Our experienced team can help you in this specialist area. Please contact us for further help.