Can I Get A Consent Order From The Court If My Ex Will Not Agree?
In order to answer this straightforward question, it is important that there is an understanding of what a Consent Order is and how it is used within the Family Court.
A consent order is a legal document, approved by a Judge, that clearly sets out the terms of a Financial agreement reached between a divorcing couple.
This means, if necessary, the court can make sure that what has been agreed actually happens by the terms of the order being enforced. It also means that neither party can try and claim more at a later date.
A consent order is a financial remedy order and can cover property; pensions, income and other assets or debts. For example, if you have agreed to sell the family home then the order will specify how this will take place, when the property will be sold and how the net sale proceeds from the sale will be split.
If it has been agreed that you want to share a pension, then this has to be put into a court order as pensions cannot be shared by agreement - the pension companies require a formal court order before they will share a pension fund.
A financial order during divorce proceedings will legally sever financial ties to the other spouse. Simply getting a divorce does not legally separate your finances and can leave the “door open” to claims being made against you by your Ex, possibly years later.
So, now that we have outlined what a Consent Order is, we can address the question of whether one can be granted without agreement from both sides.
For an agreement to be made into a Consent Order there must be consensual agreement on both sides, as the order must be entered into voluntarily. If either party does not fully agree, then you cannot have a consent order.
Practically a consent order is signed by both parties, and an additional form called Statement of Information (D81) is filled in by both parties, providing details of their respective incomes, savings, properties, pensions and debts. When signing/completing the D81 as a joint document, both parties confirm that the information they have provided is true and that they understand that proceedings for contempt of court can be brought against anyone who fills in the form with false information.
Once all of the forms are completed, these are sent to a Judge to review and approve. It is not a “rubber stamping” exercise. The Judge reviews the information provided to see if the agreement reached is fair in the circumstances.
If you are unable to agree, then your options are to consider “non-court dispute resolution” such as mediation. Alternatively, we can help review your options, provide advice and negotiate with your Ex or their Solicitor to try and bring matters to a conclusion. If all else fails, then the last recourse is to start court proceedings.
If you would like to find out more, or arrange an appointment with Saira Roper, the author of this article, contact us on 0333 9205911 to book in a consultation, or visit our website www.familylawconsultants.co.uk to download one of our PDF Guides or complete a call back request.
Written by Saira Roper
