SEPARATION FINANCES - CONSENT ORDERS (Property division by agreement)
On a marriage or civil partnership breakdown the divorcing couple invariably need to distribute and re-allocate their property. Most couples will reach an agreement between themselves either by communicating directly or through the use of mediation.
Notwithstanding that there has been agreement as to how the family assets should be divided, to give the divorcing couple peace of mind about the finality of the agreement, the agreement needs to be binding. One of the simplest ways to make this sort of agreement binding is to prepare a special document, send it to the Court and ask the Court to turn it into an Order. The special document is referred to as a Financial Consent Order.
One of the other benefits to seeking that the Court endorses an agreement already made is expense, or rather the lack of it. Whilst there is usually the need to incorporate technical legal terminology into the Financial Consent Order, so long as there an agreement the process of drafting a Financial Consent Order and getting it approved by the Court can be one of the cheapest ways of concluding financial matters following a divorce.
Financial Consent Orders aren’t just rubber stamped by the Court. The Court has a duty to ensure that they are fair and reasonable settlements. You therefore need to consider whether the agreement that you have both reached is one that the Court is likely to approve. I offer expert legal advice as to whether a Court is likely to approve the settlement you’ve both reached.
If your agreement is one that the Court is likely to approve then I can draft the Financial Consent Order for you whilst offering advice and assistance on how to make the necessary application to the Court yourself. This tailored approach makes the process of getting Financial closure after a divorce as simple, inexpensive and plain sailing as possible.
To discuss Financial Consent Orders please call 0113 227 0708 to arrange a meeting.