In recent years, the process of applying for a divorce has been majorly simplified. Thanks to the Divorce, Dissolution and Separation Act 2020, the concept of ‘fault’ has since been removed, meaning that the previous grounds of adultery, unreasonable behaviour, separation, and desertion now play a very minor part in the process. This in turn has made the process of applying for a divorce altogether easier, meaning many parties seek to complete it themselves without appointing a solicitor.
In such cases, however, a vitally important step is being missed. The severing of financial ties, which is most effectively carried out with the creation of a consent order.
A significant difference
Divorce, simply put, is the act of dissolving a marriage. And whilst many conversations will take place around the separation of finances, the divorce itself does nothing to recognise these conversations or agreements legally. To legally split and record the arrangement of how you’ll divide your assets and finances – a consent order is required.
What is a consent order?
A consent order is a legal document that affirms how you and your ex-spouse are separating your assets and finances in the case of a divorce. It can take into account a wide variety of assets, including property, income, pensions, savings, shares, and even inheritance.
They are submitted to the court digitally and dealt with by an administrative judge. The act of processing it through the court means there’s an added layer of record and protection against one party changing their minds or claiming against the other for more than is detailed in the agreement.
Why is it important?
Consent orders are not compulsory in the case of a divorce, but they are incredibly beneficial in protecting both parties. Where no consent order is in place, either divorced party could, at any point in the future, claim that the financial split differs from what was actually agreed upon.
This can be especially difficult if one party comes into a large amount of money, for example through inheritance. Without a court-registered record, there could be grounds for your ex-spouse to claim a proportion of those funds, or at best, you could rack up costly legal fees attempting to contest it.
How do you submit a consent order?
It perhaps goes without saying that before you can submit a consent order you must have existing divorce proceedings underway, and an allocated case number. If, during these proceedings, you and your ex-spouse have already agreed on a split, you can each consult a family solicitor who can start the process for you. In cases such as these, it should be relatively simple. The document will be drafted, agreed, and signed by each party before being submitted to the court.
If both parties aren’t in agreement, negotiations between each will take place until there is one in place. It’s important to note that the reviewing judge will not grant the consent order, unless they believe it to be fair. They’ll assess the fairness of the agreement by reviewing it against a ‘statement of information’ which is submitted alongside the drafted consent order.
Have you recently processed your own divorce but have yet to sever your finances? Or do you need to have your agreement recorded in the most protective way possible, which is through the court? You can have a confidential discussion with our family team by emailing us at enquiries@prosperitylaw.com or giving us a call on 0151 909 5930.
