Consent order: forms for financial divorce settlement
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About this document
This consent order pack includes all the documents required to settle your finances when you divorce. You should start with this pack as the base for your financial settlement.
Whether you need to arrange finances for just yourselves, or whether you have children, a matrimonial home, joint pensions, joint insurance schemes or any other financial arrangement, the documents in this pack allow you to settle once and for all.
You may worry about a “clean beak” or continuing obligations. It is most unusual for a judge to provide for maintenance of your spouse unless he or she is taking time off work to care for children or on some other account. The judge will be looking for a deal which provides a fair division of capital and of income. What is “fair” is not for us to be able to advise. The consent order in this document provides for both alternatives.
There are few “rules” about what you decide should go into your consent order. What you are doing is to provide a comprehensive deal between the two of you and going along to a judge to say “please approve this”. That has two effects. First, your deal becomes a fixed legal agreement. Second, the judge has the opportunity to check that both parties know what they are doing and that the deal is fair to both. Children arrangements are usually dealt with on a separate occasion.
So what we have done to make it as easy as possible for you is to provide a comprehensive version so as to give you suitable “words” to express what you want. For example, your home is an area where land law, mortgage, joint tenancy and family law collide. We give you about five answers to this “Rubik’s cube” of a problem, so that you do not have to work it out for yourself.
Choosing exactly what to change and what to delete is not difficult. We have provided very extensive notes in plain English. Everything is explained fully. Of course, the layout of the template is what the Court will expect too.
Another very strong and particular rule concerns pension provision. Few people are aware just how much their own pension is worth - let alone the pension of a spouse. So it is important that you do comply with the legal requirement to set out the value of your pensions and your proposals to take the pension values into account. This is covered at length in the notes which come with this pack.
Finally, if you happen to have prepared a pre-nuptial agreement or a separation agreement, you can refer to that in the draft order. Neither will be binding on the judge, but it is unusual today for a judge to ignore what you have already agreed.
These forms take into account the Family Procedure Rules 2010.
You may like to read more about the process for an application before using these documents.
Application and features
- Helps you to manage your own divorce swiftly and without hassle;
- Suitable for couples with more complicated financial arrangements;
- Extensive notes to guide you;
- Plain English.
- Consent Order form
- Blank Form A and Form D81 for you to complete;
- Pensions: (Form P1 and P2);
This document was written by a solicitor for Net Lawman. It complies with current English law.
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