Why a Consent Order in a Divorce Matters!

When a couple undergoes a divorce, it is essential to recognise that the process involves more than merely dissolving the marriage; it also encompasses the legal separation of their financial circumstances. This includes the careful division of assets, such as income, property, savings, and pensions, along with the management of debts and ongoing financial responsibilities. Addressing both financial matters and the division of marital property concurrently during the divorce process is crucial in ensuring legal finality and protecting your future finances.

A Consent Order is a legal document that turns an agreement between two parties into a binding court order, ensuring clarity about property and finances. The term “consent” reflects the cooperative nature of this agreement, as both parties accept the terms and invite the court to endorse them and make them enforceable. For a consent order to gain the court’s approval, it must safeguard fairness and reasonableness. The court’s role is to protect the interests of both parties and ensure that no party is exploited.

In contrast, informal agreements lack enforceability and can be easily dismissed or reneged upon. This places one party at risk should the other choose not to uphold their end of the agreement. If a consent order is breached, the other party can take legal action to enforce it, adding an important layer of accountability.

Once a consent order is ratified by the court, in appropriate circumstances, it can establish a “clean break,” which means that both parties waive any rights to make future claims against one another. This is valuable in minimising the risk of disputes arising later and protecting your future financial position, preventing claims against windfalls such as future inheritances or lottery wins.

Additionally, applying for a consent order can significantly reduce the time and financial burden associated with court battles. Parties can avoid the stress and uncertainty that comes with litigation. A Consent Order foster more peaceful relations between separating partners.

Engaging a solicitor will ensure that you have considered all of your potential claims. They will also identify any terms that may be unfair, vague, or unenforceable, and where there may be tax implications or any undesirable consequences.

A well-crafted order is crucial; it can eliminate ambiguity that might otherwise lead to future disputes and costly legal battles. Seeking early legal advice enables you to understand precisely which assets form part of the matrimonial pot and how each asset is evaluated. This knowledge protects you from unintentionally forfeiting your rights, making unfair concessions or leaving yourself vulnerable to potential claims in the future. 

Therefore, whilst costs can be saved in conducting the divorce proceedings yourself, this aspect of your divorce still requires the expert knowledge and skills of a matrimonial solicitor. Engaging a solicitor who is also a member of Resolution can help you to avoid the financial drain of court proceedings, streamline the resolution process, and move forward with renewed confidence and assurance. 

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