Protecting Your Future: Why a Consent Order is as Vital as the Divorce Itself

Many people believe that receiving their Final Order for their divorce means their financial obligations to their ex-partner have vanished. In reality, without further legal action, the door to future financial claims remains wide open. Here is why your divorce paperwork might only be half the story.

If you are recently divorced, or are embarking on this journey, you may wish to read this article to find out more.

In today’s economic climate, many separating spouses and civil partners will negotiate a financial settlement between themselves, believing that dissolving the marriage is sufficient to dissolve any financial claims in the future; this is a common misconception.

The divorce process has been made simpler over recent years, encouraging separating couples to deal with it themselves, without legal or financial advice. This is leading to more separating couples not realising that whilst their marriage may be dissolved, their ex-spouse or civil partner could still come back at a later date to make a financial claim, even where they have reached an agreement previously between themselves. Without a court-approved order, an ex-spouse could potentially claim against your future earnings, a new property, or even an inheritance ten or twenty years down the line. One way to reduce this risk is to formalise your agreement by way of a court order – this is commonly called a ‘Consent Order’.

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What is a Consent Order?

A Consent Order is a legally binding document defining the terms of your financial separation. It can cover:

• The sale or transfer of property;

• The division of savings and investments;

• Pension sharing (which often requires a specific court order to be enacted);

• Spousal maintenance payments.

It can also confirm that no claims can be made again a spouse’s estate on death.

We reached agreement between ourselves – what should we do now?

It is vital that the agreement is recorded in a Consent Order and sent to the court for approval; in the vast majority of cases, the parties do not need to attend court in this circumstance. Without such a Consent Order approved by a judge, either party could withdraw their agreement or make a further claim for financial provision, long after the divorce is finalised and, in some cases, against the estate of a deceased spouse too.

Don't leave your financial future to chance. If you have reached an informal agreement, contact our family law team today to ensure it is made legally binding.

When should I apply for a Consent Order?

Ideally, it’s best to have your lawyer draft this order as soon as possible. Otherwise, intervening events may arise, causing a disruption to any provisional agreement reached.

You can file your Consent Order once the court has pronounced the Conditional Order of the divorce. Whilst you can still apply for a Consent Order after the Final Order stage of the divorce, we generally recommend finalising a Consent Order before divorce proceedings are complete; you could otherwise be at risk financially due to how pensions are treated following divorce.

How can Roach Pittis Solicitors help?

We appreciate how challenging negotiating a divorce financial settlement can be. We care about helping people when they need it most, and our specialists are here to guide you through divorce and Consent Orders.