What is a consent order?
A consent order is an official way of recording a financial agreement between spouses when divorcing. Many couples do not realise that finances are dealt with separately to the divorce process itself. Making an application to the court for assistance in reaching a financial order is the last resort and the court will always encourage parties to reach an agreement between themselves.
Hannah Rogers, one of our family solicitors, explains more about reaching a financial agreement: “I encourage our clients to reach an agreement, whether between themselves, through mediation or negotiations between each parties’ respective solicitors. We also emphasise to clients how important it is that this agreement is then recorded within a consent order”.
Once the parties have reached an agreement in respect of the finances – for example whether the family home is going to be sold, how the savings are going to be split – this agreement should be recorded in an official document and sent to the court for approval by a judge. A document setting out the parties financial information is enclosed with the draft consent order so the judge can consider whether the agreement is fair. If the judge is satisfied then they approve and seal the order.
The importance of the consent order is that it will be legally binding document, which can be enforced if one of the parties’ fails to adhere to the agreement. Often the consent order will provide for a ‘clean break’, meaning once sealed by the judge neither party can make a future claim on the other’s finances, in life and in death.
If you would like more information about consent orders then please get in touch with our family team on 01243 790532 or email Info@owenkenny.co.uk. Note: In accordance with the recent steps taken by the Government and to protect the health of our clients and staff we have now moved to remote working and have suspended all access to our offices. We are however continuing to provide our full range of services online via our website and via phone. We aim to re-open to personal visits as soon as it is safe to do so and in the meantime wish all our clients and staff good health.