What is a consent order?

Deciding on a financial agreement

During the divorce process both you and your ex-partner need to decide how to divide your financial assets, such as property, savings, investments, and pensions. In an ideal world, you will both be able to agree a fair division on how these are split between the two of you.

Firstly, it is important that you both take early legal advice from a family lawyer during this process to ensure any division of assets is fair. Often mothers with children will sacrifice a share of an ex’s pension to remain in the family home. In the short term this may make sense, but in the long term can result in real financial hardship in later life.

Secondly, if you cannot agree between yourselves mediation can help. This involves an impartial family mediator supporting you both in making the right decisions for your specific circumstances.

Making the agreement legally binding

Once you have reached a financial settlement, you need to make it legally binding by applying to the court for a consent order.

When to apply for a consent order

The best time to apply for a consent order is after you have applied for a divorce and received your Conditional Order and before you get your Final Order.

More information can be found here https://www.gov.uk/money-property-when-relationship-ends/apply-for-consent-order

What happens if you can’t agree?

If you cannot agree you can apply to the court for a financial order, sometimes known as a ‘contested’ route. This hands the power to decide on how your finances are split to the court. To be eligible to do this, you must have first attended a Mediation Information & Assessment Meeting (MIAM).

If you are struggling with the impact of divorce and separation, we offer a no obligation initial consultation for a fixed fee of £100 (incl. VAT), for up to one hour. At this meeting, we can advise you on all the issues relating to your personal circumstances, allowing you to make informed decisions moving forward.

To book an appointment please call 01444 472700, email us at info@tisshawssolicitors.co.uk or complete the form below.