You should always take legal advice if you are in any doubt about your rights. Furthermore, we urge you to both take independent legal advice before filing the order with the court,
It is your responsibility to decide whether this is necessary. We suggest spending an hour with a solicitor, proofreading your documents, may very well be worth it.
This online service is for couples who have insight into their marital assets and want their agreement documented by the court.
You should not sign anything if you feel bullied or coerced into signing this agreement.
Parties should exchange financial information before agreeing how assets should be shared. Especially if one party has not been involved in the finances within the marriage.
Do you need a form E
Click if you need to download a Form E
No Law in England and Wales orders you to complete this form. There is no need to fill this form if you have an agreement already.
You may find it useful to look over the form as it will indicate to you the information you should know before starting to draft your order.
Signing the Statement tells the court you are satisfied with your spouse’s finances and is true to the best of your knowledge.
You are responsible for any losses you incur as a result of your failure to obtain a full financial disclosure from each other.
Please take extreme care that you are fully aware of the agreement you are entering into.
The Law is very clear!
With this in mind the law looks upon pensions like any other savings a couple may have such as ISA’s. That is to say you must know the value of pensions even though you maybe below the pensionable age.
- Parties to the marriage are entitled to share their spouse’s pension on divorce for the period of marriage.
- Never agree on the settlement if you have had a long marriage and do not know the value of the pension.
- Do not believe you have no entitlement as you did not pay into it.
- Never agree to have the house whilst your spouse has the pension if you do not know the value of both.
Getting your Cash Equivalent Transfer Value
You need the pensions valued to get a CETV (cash equivalent transfer value). This is not a future prediction it is the value at the time. Therefore you will need the pension inquiry form enclosed with our package.
Finally, You cannot have a pension sharing or pension attachment order without an approved order and sealed by the court.
Frequently Asked Questions
Here are some frequently asked questions, if you have a question not covered here, then please contact us
You will receive the court standard template covering 101 clauses to personalise. Those that are not applicable delete.
- The statement of information for a consent order
- A letter to court covering the enclosures and where to take payment
- The consent order application
- Form A for dismissal purposes
- Pension sharing annex if appropriate
A consent order is when two parties reach an agreement and file that agreement to have it approved by the court to become legally binding. The opposite of this could be called “without consent”. This is where two parties battle their finances out in court and the Judge make the final decisions about how to divide the assets.
A clean break settlement means that the parties to the divorce will have no financial ties once the order is agreed or ruled upon by a court.
Most people know it as having a paragraph at the end of the order which will show Clean break Capital or Clean break capital and income.
However you can have a full or a partial clean break. Capital or capital and income.
So imagine you are completely financially independent except one pays the other maintenance. Then this is a partial clean break because you cannot have a clean break under section 23 (1) (a) or (b) of the Matrimonial Causes Act of 1973 because section 23 1 provides for one party to be paying the other for a duration of time. So this would be a partial clean break as income was being received.
Often couples will try to avoid this but it is usually impossible if you have children or if one party earns a considerable amount more than the other
A Consent Order means you have no further financial ties once the order has been approved by the court.
A Clean Break Order means you do continue to have financial ties to your partner but at some point in the future that tie will cease.