A FINANCIAL REMEDY CONSENT ORDER
Divorce is a legal process ending the contract of marriage. After a divorce you will be free to remarry. However, it is very important to understand that a Divorce will not provide for the division of your house, other assets, income, pensions etc. it simply “opens the door” to allow you to make a claim and unless you take action to specifically deal with financial matters you will remain vulnerable to claims in the future.
To deal with your matrimonial finances you will need to instruct us to represent you in this regard. As solicitors, we call this process Financial Remedy. If you need advice as to what is best for you, or you need representing in order to obtain a settlement, work done is charged at an hourly rate for however long it takes to conclude your settlement.
However, for those of you that have already reached an agreement, perhaps at mediation or between yourselves, we have formulated 3 fixed fee package options to simplify the charging process and make matters as cost effective as possible. The packages are ordered in complexity to enable you to choose the right one for your circumstances.
1. BASIC "CLEAN BREAK" CONSENT ORDER PACKAGE INCLUDES:-
This package will only be relevant to you if you have no assets to be shared and none to record as having already been shared. This order will simply enable you to each keep your own assets and create a "Clean Break" between you both. A Clean Break order means that legally neither of you will be able to make any further financial claims against the other, arising out of the marriage, going forwards.
The package includes:
- Legal advice limited to the court process only (no advice will be given upon the appropriateness of the actual settlement that you have reached).
- Up to 1 hour personal attendance (if needed) by telephone or Teams video call.
- Telephone calls, emails and letters to/from you, your spouse or their solicitor and the court.
- Drafting the Consent Order or Approving/Considering an order already drafted, assisting you in completing the Statement of Information and drafting the Form A application.
- Dealing with court enquires.
- Court fee for filing the Consent Order at court.
Legal Fees £550.00
VAT £110.00
Court Fees £53.00
Total £713.00
For details of what is NOT included please see “What's not included” below.
This package is only suitable for those who have no assets to share or nothing to record that has already been shared, do not need legal advice on a suitable settlement and simply require legal assistance to prepare a Consent order and obtain the approval of the court.
2. CONSENT ORDER PACKAGE INCLUDES:-
This package is for you if you have already divided your finances and you simply want to record this at court and to create a "Clean Break" between you OR if you have reached an agreement between yourselves and you need to make it legally binding.
A consent order is capable of recording assets that have previously been divided, for example if you divided your assets 2 years ago and are now divorcing and require a legal record of who had what. More usually the order can set out the settlement you have reached and what is to happen to your assets, income etc. For example, it can provide for a property to be sold or transferred, agreed child maintenance payments, spousal maintenance etc.
If you require a Pension Sharing Order (and Annex), an order dealing with more than 1 property, or a business, you will need to select the Complex Consent Order option below.
This package includes:
- Everything listed in the Basic Consent Order Package (above)
- A full record of assets previously divided.
- Inclusion of a property adjustment order and related mortgage.
- Serving the Mortgagee as required by the Family Proceedings Rules.
Legal Fees £825.00
VAT £165.00
Court Fees £53.00
Total £1,043.00
For details of what is NOT included please see “What's not included” below.
This package is only suitable for those who have fully agreed a suitable settlement with their spouse, do not require legal advice or representation in obtaining such an agreement and simply require legal assistance to prepare a Consent order and obtain the approval of the court.
3. COMPLEX CONSENT ORDER PACKAGE INCLUDES:-
This package is essentially the same as our Consent Order Package above, however it is for those who have multiple assets to record, for example a property portfolio, a business or for those sharing a pension fund.
This package includes:
- Everything listed in the Consent order package (above)
- Inclusion of up to 3 property adjustment orders and related mortgages.
- Inclusion of 1 business interest.
- A Pension sharing order and Annex.
- Serving the Pension provider/Mortgagees in accordance with the Family Proceedings Rules.
If you have more houses/businesses than provided for above or should you require more than 1 pension to be shared, please contact us for a bespoke package.
Legal Fees £1375.00
VAT £275.00
Court Fees £53.00
Total £1,703.00
For details of what is NOT included please see “What's not included” below.
WHAT'S NOT INCLUDED:-
- Advice on the settlement you have agreed.
- The process of financial disclosure, that is disclosing evidence of your income, assets, pension etc to your spouse or their legal advisor and obtaining your spouse's financial disclosure.
- Negotiations for settlement are not included as this package assumes that you have already agreed a suitable financial settlement to enable you to have a consent order.
- Court attendance of any kind.
Should you require advice or help in reaching an agreement or should you start with a consent order package and the agreement breaks down, then you will need to pay for work to be carried out on hourly rate charging as such work will not be covered by these packages.
Please do not hesitate to speak to us about your specific needs, so that we can help you decide whether any of our packages are suitable for you.
