Dividing matrimonial finances during divorce can often be agreed upon voluntarily, but these agreements are not legally binding unless approved by the court through a consent order.
It’s important to understand that consent orders are not automatically approved by a judge; approval hinges on whether the arrangements are deemed fair and appropriate. Without legal guidance, determining fairness and meeting court requirements can be challenging.
Before applying for a consent order, it’s advisable to consult a specialist family law solicitor. They can tailor the order to your circumstances, increasing the likelihood of court approval. Our expert team offers comprehensive guidance on consent orders and financial settlements.
What is a consent order?
A consent order is a legally binding court-approved document that outlines the financial arrangements between a divorcing couple. It specifies the division of assets such as money, property, investments, pensions, and savings, and may include provisions for spousal and child maintenance. Importantly, consent orders settle financial claims arising from the marriage.
These orders are sought after the court conditionally approves the divorce. The process involves obtaining a judge’s approval through a formal application.
What happens if I don’t apply for a consent order?
Consent orders play a critical role in solidifying financial arrangements between couples post-divorce. Without a valid consent order, either party can alter previous agreements, potentially seeking a larger share of assets or financial support later on.
For instance, without a consent order or a “clean break” provision within one, an ex-spouse might claim a portion of newly acquired wealth or assets post-separation. They could also request ongoing financial support or make claims against a pension.
Once a consent order is in place, both parties are legally bound by its terms, and the court formally dismisses financial claims. If either party breaches the agreed terms, the other can apply to the court to enforce compliance with the order.
Why is financial disclosure important if you want a consent order?
Complete financial disclosure is a critical aspect of consent orders. A judge will not approve a consent order without a detailed overview of both parties’ financial positions, typically provided through a standard court form.
Failure to provide accurate financial disclosure, or later discovery of undisclosed assets, could prompt the court to reassess the case and issue a new order. Intentionally misleading the court can result in serious consequences.
When does a judge reject a consent order?
When judges review consent orders, they will approve them only if they consider the agreement fair and reasonable given the circumstances. If a judge finds the consent order unfair or inappropriate, they may request modifications and a resubmission of the application.
Common reasons for a judge rejecting a consent order include:
- One or both parties failed to provide full and accurate financial disclosure
- All aspects of the situation have not been properly considered
- There is evidence of pressure or duress
- There has been a change in circumstances since the application was made
- Legal or clerical errors have been made in the application
Navigating post-divorce finances can be highly complex, and genuine mistakes can lead to a judge rejecting a consent order.
However, seeking specialist legal advice from both parties on the contents of the consent order and its implications can significantly reduce the risk of rejection. Our expert family law solicitors are here to provide this valuable expertise.
What can I do if a judge rejects my consent order?
If a judge has rejected a consent order deemed inappropriate or unfair, you will need to revise the original terms and submit a new application. Additionally, providing further information on how you and your former partner reached the decisions in the consent order may be necessary to clarify its implications for all parties involved.
Can you change a consent order?
The ability to change the terms of a consent order depends on several factors, such as whether it has been approved by the court and the cooperation of your former partner.
Initially, both parties negotiate terms and reach an agreement, which is then formalised into a consent order. Given the significance of financial decisions, there may be considerable negotiation between you and your former partner to reach a mutually satisfactory agreement.
Once the application is submitted and approved by a judge, the terms become legally binding, carrying significant implications for the future.
Our family law solicitors are here to help
Applying for a consent order after finalising financial agreements is a significant step that offers security and peace of mind, ensuring a clean financial break from your ex-partner. To ensure that your application satisfies the judge’s requirements, seeking expert legal advice is vital to clarifying your options and assessing whether your arrangements are fair and appropriate.
At DLS Solicitors, our team is dedicated to providing tailored consent-order legal advice to simplify and streamline the process for you.
