You may have heard of the term ‘Consent Order’ in relation to divorce and wondered what it was. When a marriage ends it is sensible for the couple to formally resolve, once and for all, the outstanding financial matters between them. If a divorcing couple can reach an agreement on the division of assets and financial provision, they can invite the Court to make a Consent Order, enshrining that agreement. This will be dealt with as a paper (or online) process, and no one need attend Court.
If an agreement cannot be reached, then either party can apply to the Court to have the Court decide upon the terms of and impose a settlement on the parties. This application for a “Financial Remedy” can take several months and a minimum of 2 Court hearings, and it is open to the parties to settle and agree to the terms of a Consent Order at any point.
Consent Orders in Divorce
Where a divorcing couple can agree terms of settlement they can be more creative as to the terms of the settlement and Court Order. The Court will not approve and make an Consent Order in the agreed terms if it does not consider that the Order is fair. Left to its own devices, the Court is more limited in terms of what it can Order and impose upon the parties, but Consent Orders can cover:
- Sale of properties and division of sale proceeds
- Transfer of properties / assets from one party to the other, or from joint names to sole name
- Pension Sharing / Pension Attachment / Pension Earmarking Orders
- Lump sum payments
- Spousal maintenance
- Child maintenance (in certain limited and prescribed circumstances given that jurisdiction for child maintenance ordinarily rests with the Child Maintenance Service)
- Division of contents (including pets) – although it is much more preferable and normal for the parties to agree division given that it is normally disproportionate to have the Court adjudicate
A Consent Order can give each party the security and certainty of knowing that any financial agreement reached will be binding and enforceable after the divorce.n England and Wales, even after a divorce is complete, unless and until a spouse remarries, they can still bring a financial claim against their former spouse, potentially many years after the divorce has been finalised, unless a financial settlement has been reached, and enshrined in an Order of the Court by consent.
How we can help
The Family & Divorce team at THP Solicitors have extensive experience in dealing with the financial consequences of divorce, can help you with the protection and distribution of jointly owned assets, and adopt a realistic approach to achieve a speedy and cost-effective resolution of financial issues.
For a confidential discussion about the no-fault divorce procedure and financial settlements, please contact Richard Rodway in our Henley office or Julia Drury in our Reading office, both of whom will be happy to have an initial conversation with you over the phone/ video about the best divorce route for you.
