We’ve designed the amicable services to help you to make agreements about your finances with minimum fuss and maximum amicability. If you want your financial agreement to be legally binding, then you will need the court to approve your settlement. This is called having a consent order and it will often have a ‘clean break’ clause in it so that neither of you can make claims against each other in the future.
The court must believe that your agreement is fair to approve your consent order and make it legally binding. The court won’t sign off your order, just because you both want it. You must satisfy the court you have considered the following things:
The law always seeks to ensure a home can be provided for any children and child maintenance is in place.
For example if one of you has stayed at home to raise children your earning capacity will be reduced.
The law puts both partners having suitable housing as a priority. This may mean an uneven split of assets or more maintenance is paid.
The law considers financial contributions made and time spent looking after the family. Then adjusts settlements to make things fair. Less financial contribution doesn’t always mean less of the asset.
The shorter the marriage the less likely you will share money and property equally. This is especially true of things you brought into the marriage. Welfare of any children still takes priority though.
AGE & HEALTH
Pensions become more important the nearer retirement age you are. Age and long-term ill health may affect your earning capacity and housing needs.
If you have made an agreement together then you can use our amicable agreement checker below to see whether you have factored in the things the court will look at when deciding whether your order is fair in the eyes of the law and whether to approve your consent order. Please note that you can expand the sections below for additional information.
If you are concerned your settlement may not be seen as fair, then you can book a 1-hr coaching session or use one of our ‘negotiation included’ packages to help reach an acceptable agreement.