A Consent Order is a legal document that sets out the terms upon which you have agreed to divide your matrimonial assets upon divorce.
It is quite common for divorcing parties to think that when you achieve your Final Order of Divorce, this also resolves the matrimonial finances between you. This is not the case.
If you wish to cut all financial ties you have established with the other party by virtue of your marriage, you will need to secure a Final Financial Order on divorce. Without a Financial Order, you leave yourself open to the possibility that later on in life, your ex-partner could bring a claim against your pension or future wealth simply because you failed to cut those marital financial ties on divorce.
If you have been able to settle your matrimonial finances amicably, you will need to set out the terms of your agreement in a Consent Order. This is often referred to as a Clean Break Consent Order.
If you are unable to agree between yourselves how the matrimonial finances should be divided on Divorce, please get in touch with one of our experienced and specialist solicitors who will be able to assist with the process of obtaining full and illustrated financial disclosure from the other party. We will then advise and negotiate on your behalf to ensure you achieve the very best financial outcome in the circumstances on divorce.
If it is not possible to reach an agreement following financial disclosure and negotiations, your solicitor will advise and represent your best interests with an application to the Court to determine how the finances are to be divided between you both on Divorce.
Your divorce and matrimonial finances are two separate issues to address when your marriage/civil partnership comes to an end. The divorce will end your marriage, but it will also provide the framework within which you are able to resolve your matrimonial finances.
We therefore always recommend that you address your marital finances on divorce, whether by way of a Clean Break Consent Order or a Final Financial Order from the Court. Your mind can then be at rest knowing that on pronouncement of your Final Order on Divorce, you will not only be divorced in title but divorced financially too.
For more information please contact our experienced Family Law and Divorce Solicitors – We offer a FREE 30-minute case review.