When I file for divorce, do I need a consent order? – Mediation Weymouth

A financial concert order is a legally enforceable agreement on a couple’s finances that is issued during the Mediation Weymouth process of a divorce. During a Mediation Weymouth divorce proceeding, obtaining a consent order refers to any legally enforceable financial choices that are made and agreed upon by both parties.

Is a consent order a legal requirement?

If there are or are likely to be any disputes over money and assets, it is highly recommended that you obtain a consent order in order to avoid any issues further down the line. Although a consent order is not required legally for a divorce, and many couples successfully divorce without needing one, it is highly recommended that you obtain a consent order in order to avoid any issues in the future. Both parties will be able to have a better understanding of their respective financial situations as a result of this.

If you do want to seek a consent order while you are going through your divorce, you will need to gain the court’s approval on it before it can be considered legally enforceable.

When is it necessary to get a consent order?

When you obtain your Final Divorce Order, the end of your marriage will be finalised and legally recognised (formerly known as the Decree Absolute). Despite this, you will continue to be legally bound to your ex-spouse in some way. If you and your spouse have come to an agreement over your finances during the course of your marriage, a consent order can put that agreement into writing and make it enforceable in the event that one of you later changes their mind.

Obtaining a consent order for the following financial relationships is a smart idea, as they are all interconnected.

  • Properties
  • Mortgages
  • Agreements on joint credit cards, loans, or finances
  • Investments
  • Shares
  • Pensions
  • Inheritance

Even if you and your spouse are able to work things out amicably, this might be beneficial. Your divorce attorney may be able to assist you in negotiating the most favourable terms feasible for your situation, but this will depend on the specifics of your case.

Instructions on how to acquire a consent order

Once you and your ex-spouse have agreed on how to divide your assets and obligations, your divorce attorney will be able to draught a consent order on your behalf. You and your business partner have an obligation to check and see if the contract includes everything on which the two of you have settled.

After your agreement has been authorised and signed by both of you, a Statement of Information for a Consent Order, which is the document that will be used to submit it with the court, will be employed.

Following an examination of the proposed Consent Order, the judge will decide whether or whether the division has been made in a manner that is fair to both of you and is in your mutual best interests.

What happens if you don’t acquire a consent order?

You never know what will happen if you fail to get a legally binding agreement regarding your finances, especially if your circumstances change in the future. Even if you and your spouse are both open to moving forward with the divorce without a consent order in place, you should still try to get one anyway. Your ex-spouse will not be able to change their mind if you have a consent order, which is useful in situations like when you get a significant windfall or inherit a substantial sum of money. It will provide you and your finances with protection both during and after the divorce process.

If you feel the need to speak with an experienced legal representative about your divorce and your finances, the professionals at Solent Family Mediation Weymouth can work with you to ensure that the appropriate consent order is in place for you and that you are protected both now and in the future. If you do not feel the need to speak with an experienced legal representative, our experts at Solent Family Mediation can still help you.

Contact a Family mediator in Weymouth today on 0238 161 1051

Back to Top