A Consent Order is a written document drafted by a solicitor that incorporates the financial settlement of divorcing parties. It becomes legally binding when approved by the Court and sealed.
A Court can only approve a Consent Order within divorce proceedings and only after Decree Nisi has been pronounced.
In addition to the all-important dismissal clauses, the Consent Order can also record that the financial settlement was reached as a result of:-
The Consent Order will cover all the financial claims that spouses have against each other by virtue of their marriage. These include claims for capital, income and pensions. The claims should all be dealt with together and not in isolation. Reaching a settlement is more of an art than a science and at all times the settlement must take account of the factors the Court would consider if asked to intervene. The points for consideration are found in the Matrimonial Causes Act 1973 section 25.
Where agreement can be reached between the parties it is unlikely either party will be required to attend Court. If agreement cannot be reached it might be necessary for one party to commence a Court application. An advantage of taking this step is that the Court will set a timetable to avoid discussions dragging on indefinitely.
At present in England and Wales, we do not have an entirely “no fault” divorce. The closest we have is either 2 or 5 years separation. Not all marriages breakdown due to behaviour or adultery and in such cases, the parties have to wait for the requisite period of separation before starting the official process of divorce.
We offer a free no obligation initial consultation. Taking legal advice at an early stage can often avoid pitfalls and can enable you to resolve matters sooner.