Consent orders on divorce
If you manage to reach agreement with your spouse about your financial situation then our advice would be that you document that agreement by entering into what is known as a Consent Order. The Consent Order will set out all the terms of the agreement that has been reached and state that it is to be in full and final settlement of all financial claims between you in relation to your marriage.
The advantage of entering into a Consent Order is that you can reach agreement in relation to many matters which, otherwise on a contested basis, the Court might not have the power to make, for example promising to remove one parties’ name from a mortgage following a transfer of a property, or in relation to the division of the contents of a house.
The only cautionary tale to add to this is that family Judges are required to endorse any Consent Order reached and have huge discretion in all family law matters. They will want to be satisfied that any agreement reached falls broadly within the parameters that they would expect in relation to the specific circumstances of your case. Sometimes a District Judge can raise queries on a Consent Order but again our team would be able to lead you through and advise you accordingly. In the vast majority of cases the Consent Orders are approved and then implemented and that is the end of the matter.
What Orders can the Court make
Click here to read about what orders the court can make.
What factors does the Court take into account in determining how the finances should be resolved?
Click here to see the section 25 factors.
The contents of this fact sheet are general principles and do not constitute legal advice. Every case is different and you should seek independent legal advice in relation to your specific circumstances.