Consent orders

Consent Orders

A legal jargon-free guide for couples in England and Wales

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Consent orders (or financial orders) are a kind of legal document that confirms the financial agreements you have made. They include details on how you will divide up your assets such as money, property, savings, and investments.

They can also include arrangements for maintenance payments, including child maintenance. Consent orders rely on both people agreeing on the conditions, represented by the requirement of their signatures.

Whilst they are not necessary to have, consent orders provide protection for people going through (or people who have gone through) a divorce against future financial claims by their ex-partner.

If you would like to learn more about consent orders and why you should consider having one, we have written a helpful guide on financial consent orders.

Here are a few things the courts consider when deciding if the agreement is fair:

children-walfare

CHILDREN’S WELFARE

The law always seeks to ensure a home can be provided for any children and child maintenance is in place.

earning

EARNING ABILITY

For example, if one of you has stayed at home to raise children your earning capacity may be reduced.

financial-needs

FINANCIAL NEEDS

The law prioritises both partners having suitable housing. This may mean an uneven split of assets or more maintenance is paid.

contribution

CONTRIBUTION MADE

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.

marriage-length

MARRIAGE LENGTH

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.

health

AGE & HEALTH

Pensions become more important the nearer retirement age you are. Age and long-term illness may affect your earning capacity and housing needs.

Explore our consent order services here
for information on what we offer and how much they cost.

If there are danger signs such as domestic abuse or hiding/moving assets, you will need the protection of your own divorce lawyer/solicitor. Please visit Resolution's website for help.

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