Consent Order Drafting

As well as offering a DIY Consent Order service, We are now offering a consent order drafting service. This includes the negotiation between parties to come to an agreement to the division od assets. We will draft all documents required as part of the consent order. If your divorce is being processed by our sister organisation, Divorce Negotiator Ltd, then the submition of the documents to court will be done on your behalf. If not, we will instruct you to how it should be done.

What is a consent order/clean break order?

  • It is a voluntary agreement entered into by 2 parties getting divorced.
  • It is created to prevent either party from making any claims against the other’s future income and/or assets
  • A document that ensures all matters are dealt with and parties cannot return to court for more in the future
  • An instrument that details how and when payments should be made and when they will cease
  • It can only be approved by the court to become an approved order of the court

Without a Consent Order, either party can make a claim against the other’s finances. The completion of the divorce through the pronouncement of the Decree Absolute does not, by itself, prevent one party making a claim against the other’s income or assets.  This requires a Consent Order.

There are three types of clean break Order.

  • Immediate Clean Break.
    This dismisses all claims against either party in the divorce.
  • Immediate clean break with capitalisation of maintenance
    This is when there is a maintenance order in favour of a husband or wife. In such cases where there is ongoing maintenance, a court can only impose a capital clean break. Neither party can come back to apply for capital or lump sums in the future. Maintenance can be varied upwards or downwards if there is a change of circumstance or sometimes after a lapse of time if the maintenance is not linked to the Retail Price Index (RPI) or Consumer Price Index (CPI).
  • Deferred clean break
    Where an immediate dismissal of claims for spousal periodical payments is inappropriate, the court can order spousal periodical payments for a specific term. The clean break will take effect on the conclusion of that term. Careful thought must be given as to whether the term is extendable or not. The court must consider whether it would be appropriate to require the payments to be made for such a term as would, in its opinion, be sufficient to enable the recipient to adjust without undue hardship to the termination of their financial dependence on the other party

Sometimes, however, the parties will agree a nominal maintenance Order which recognises that maintenance is not payable now but leaves the door open for income claims to be made at some point in the future if there is a change in one of the parties’ circumstances.

A clean break Order does not prevent the primary carer of the couple’s children from claiming child maintenance. It is not possible to dismiss child maintenance claims through the Courts. If not dealt with in the Order, the primary carer will be able to apply for such maintenance through the CSA (now the Child Maintenance Service).

There is no difference in outcome between a clean break Consent Order and a clean break Order. The only difference is that the clean break Consent Order is made with both parties’ agreement whilst the clean break Order is imposed upon them by the Court

A Consent order needs to be a fair agreement that divides the assets and debts of a couple.  If the agreement is seen to be in favour of one party over the other, then the judge will not approve the agreement.  The grounds for the divorce are not relevant when it comes to the Consent Order. If one party feels aggrieved because of the grounds for divorce, for example, the other party committed adultery. This will not be taken into consideration by the court.  A Consent Order will be impartial and fair.

All sounds very simple so far. BUT

  • You also need a financial statement in support of the consent order
  • A form A to be filed with the consent order
  • Letter to court with an explanation where necessary
  • An application for a consent order to which you pay £50 to the court
  • Implications when parties are not fully aware of the assets

You will get all the above from as little as £499. Cost may vary depending on the complexity of your finances.

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