What Is It?
Just like your Decree Absolute acts as the final end to your divorce, the Consent Order (or Clean Break Order) ends all financial ties that you may have with your former spouse. What many fail to understand is that in the eyes of the law the divorce and finances are seen and treated differently and independently of each other therefore you’re going to want to make sure each one is wrapped up before the next chapter of your life can start. Agreeing how and what assets should be divided is the first step but unless you formalise that agreement in what is known as a Consent Order and obtain that Consent Order from the Court then your ex can crop up at any time, even if you remarry to make claims on your assets, income and pension!
Do I Need A Consent Order?
Whether you have a lot or a little in the bank what you really want to do is protect yourself from any future claims that your ex could make against you. Even though you may be divorced if you won the lottery in 5 years’ time, legally, your ex-spouse could come along and make a financial claim to the Courts. With a Consent Order you will be protected from that!
Do I Need to Go To Court?
No! Just like with your divorce, Consent Orders are only applicable to separating couples who are in agreement on how they want to divide their assets and both want to protect their potential future earnings.
How Does the Court Decide Whether to Approve the Consent Order?
The Judge just wants to make sure that the agreement is fair to both you and your ex. Sometimes, especially when there are young children involved then their financial and living needs have to be taken as a priority and as a result one spouse may end up getting more than the other. With your consent order there will be a Statement of Information form which sets out in brief terms all the information the Judge needs to determine whether this is a fair agreement you have both come to – anything that may need further clarification can be done so through a covering letter with your application for the Consent Order.
Who Prepares the Paperwork?
Once all yours and your ex’s information has been gathered then a qualified Solicitor must draft and authorise the Consent Order for you before sending on to the Court. LawGap have a team of Solicitors working on your specific needs to get your finances wrapped up!
The paperwork will include a statement of information form that shows your current income, any capital you have, as well as property and pension values.