Financial Consent Orders – Family Law Solicitors Manchester
When couples divorce or separate, they must decide how their finances will be divided. Even where both parties reach an agreement regarding property, pensions, savings or maintenance, it is important to formalise that agreement legally.
A Consent Order is a legally binding court order that records the financial agreement reached between spouses following divorce. Without a Consent Order, financial claims between former spouses can remain open indefinitely.
At TM Fortis Solicitors, our experienced family law solicitors advise clients throughout Manchester on financial settlements and assist in preparing and obtaining Consent Orders after divorce to ensure that financial matters are properly resolved.
What Is a Consent Order?
A Consent Order is a legal document approved by the Family Court that sets out how financial matters will be resolved following divorce or separation.
The purpose of a Consent Order is to:
- Make financial agreements legally binding
- Prevent future financial claims between former spouses
- Provide clarity regarding the division of assets
Consent Orders are commonly used to deal with matters such as:
- Division of property
- Pension sharing
- Lump sum payments
- Spousal maintenance
- Division of savings and investments
Once approved by the court, the Consent Order becomes legally enforceable.
Why Is a Consent Order Important?
Many couples believe that once a divorce is finalised, all financial ties between them automatically end. However, this is not the case.
Even after divorce, a former spouse may still be able to bring financial claims in the future unless a Consent Order is in place.
A Consent Order helps to:
- Provide financial certainty
- Prevent future claims
- Protect assets acquired after divorce
- Ensure that financial agreements are legally enforceable
For these reasons, it is strongly recommended that financial agreements reached after divorce are formalised through a Consent Order.
What Can Be Included in a Consent Order?
Consent Orders can address a wide range of financial matters including:
Property Division
The order may confirm arrangements regarding the family home or other property, such as:
- Sale of the property and division of proceeds
- Transfer of property ownership to one spouse
- Deferred sale arrangements (for example, until children reach adulthood)
Pension Sharing
Pensions are often one of the most valuable assets in a marriage. A Consent Order may include a Pension Sharing Order, which transfers a percentage of one spouse’s pension to the other.
Lump Sum Payments
The order may require one spouse to pay a lump sum to the other as part of the financial settlement.
Spousal Maintenance
In some cases, ongoing financial support may be required. A Consent Order can specify the amount and duration of spousal maintenance payments.
Clean Break Orders
Many Consent Orders include a clean break clause, which ends financial claims between the parties once the agreed settlement has been implemented.
The Consent Order Process
The process of obtaining a Consent Order typically involves several steps.
1. Reaching a Financial Agreement
Both parties must first agree how their finances will be divided.
This agreement may be reached through:
- Negotiation between solicitors
- Family mediation
- Collaborative law
2. Drafting the Consent Order
A solicitor prepares the Consent Order document outlining the agreed financial arrangements.
3. Financial Disclosure
Both parties must provide a summary of their financial circumstances to the court through a Statement of Information form.
4. Court Approval
The Consent Order is submitted to the Family Court for approval. A judge will review the agreement to ensure that it appears fair.
If the court is satisfied, the Consent Order will be approved and become legally binding.
Do Both Parties Need a Solicitor?
It is possible for both parties to agree the financial terms themselves. However, legal advice is strongly recommended to ensure that:
- The agreement is fair
- All financial assets are properly considered
- The Consent Order is drafted correctly
Poorly drafted agreements can result in disputes or difficulties in enforcement later.
What Happens If There Is No Consent Order?
If a Consent Order is not obtained, financial claims between former spouses can remain open.
This means that one spouse may be able to make a financial claim many years after the divorce.
Obtaining a Consent Order helps protect both parties from future disputes and provides certainty regarding financial matters.
How TM Fortis Solicitors Can Help
Our family law solicitors assist clients with all aspects of financial settlements following divorce.
We can assist with:
- Negotiating financial settlements
- Drafting Consent Orders
- Pension sharing arrangements
- Property division
- Court applications for financial remedy
Our aim is to help clients achieve fair financial settlements while ensuring that agreements are properly documented and legally binding.
Contact Our Family Law Solicitors
If you require advice regarding Consent Orders after divorce, our experienced family law solicitors at TM Fortis Solicitors can assist you.
Contact TM Fortis Solicitors today on 0161 220 6040 to arrange an initial consultation and discuss your circumstances.
