Finalise your finances before you finalise your divorce
A divorce financial consent order is the legally binding document, prepared with the consent of both parties to a divorce that sets out what you have agreed in relation to your matrimonial finances. They usually provide for a clean break, meaning once the order is approved by a court the parties cannot make any further claims under the Matrimonial Causes Act 1973. However, a consent order can also include provisions for further payments after the divorce, such as child or spousal maintenance.
It is incredibly important to ensure that a well drafted approved and binding consent order is in place before you finalise your divorce. Our Divorce experts can draft your agreement into a consent order and ensure that it is binding. There are a number of reasons why we at Freeman Jones Solicitors recommend this:-
- Any divorce settlement agreement reached between you and your spouse is not binding until a judge approves the consent order, even if you both sign to confirm your agreement;
- Your spouse can back out of the agreement at any time before it is approved and sealed by a court;
- If your spouse backs out of an agreement under the approved consent order, you can take them to court to force them to follow the agreement;
- If you do not have a consent order in place, your spouse can make a claim against you. This can happen even years after you have divorced each other.
- Many divorcing couples with little or no assets do not believe it is cost effective to have a consent order. We do not agree and recommend that everyone who divorces should have their position considered carefully and a consent order in place before applying for Decree Absolute (the final stage of the divorce), regardless of your financial position. Our fees for drafting a divorce consent order and liaising with the court on your behalf will be dependent on the complexity of the agreement. As such, we may be able to agree a fixed fee upon receipt of your instructions.
- We would not recommend that you draw up your own agreement. Why?
- If you get it wrong, the judge may not approve it or you may be exposed to financial risk;
- You could also waste a lot of time going back and forth trying to get the order approved; You could make a mistake in the drafting of the order that could end up costing you more in the future.
Our Divorce specialists can give you peace of mind by ensuring that the consent order gives you the right protection for the future and is tailored to your specific needs.
If you and your spouse have reached a financial agreement or wish to separate your finances, we can draft a consent order on your behalf.
Contact us on 01244 893 133 to arrange a free initial 30 minute consultation to discuss with one of our family lawyers.