Financial Consent Orders on Divorce

Financial Consent Orders on Divorce

When couples divorce, it is common for them to reach an agreement between themselves as to how they want to divide their property and finances.  There is no legal requirement for that agreement to be recorded and the couple are often just pleased to reach the end of the process as amicably and easily as possible.  However, there is the option to formalise that agreement by asking the court to make a financial consent order, usually on a “clean break basis”.  There is a very good reason to consider doing this.

Why do you need a financial order?

There are two main advantages.

The first is the clean break.  This means that neither party can make any financial claims against the other in the future.  Just because you have divorced, it doesn’t mean that financial claims can’t be brought at some point in the future - in some cases this can even be when a party has remarried.  Whether such a claim is successful will always depend on the circumstances of each individual case, but inevitably it can be a worrying, time consuming and costly process, whatever the outcome.

The clean break provisions in a financial consent order prevents those claims from being made.  A clean break order is therefore recommended, particularly if your financial circumstances are likely to change in the future (for example if you are likely to receive an inheritance, you are growing a business or intending to purchase a property) in order to protect your finances and to provide you peace of mind.

The second advantage is that if the arrangements involve either or both parties taking steps under the terms of the agreement, (particularly if it is to be done at some point in the future) having it recorded in an order will usually mean the court can take steps to enforce it if one party fails or refuses to do what they are supposed to.

How do you get an order from the court?

If the arrangements are agreed, obtaining an order is a paperwork process, so no-one actually has to attend court.

Unlike the divorce process, you are likely to need the help of a lawyer to draw up the paperwork for a financial order.  This will ensure that you have all the provisions you need to safeguard you set out in the order.  There are documents that need to accompany the draft order, including a financial statement of information which gives the court a brief overview of the financial situation of the parties, as well as other relevant details which will help it decide whether to approve the order.

When both parties have completed and signed these documents, they are submitted to the court.

The court will only approve a financial order if it considers that it is fair and reasonable to both parties.

If the court is unsure of this, it may ask for more information to help it understand why the parties have reached the agreement they have.

When the court is satisfied it will approve the order and send it out to the parties.

In summary

If you want peace of mind that the financial arrangements you have agreed during or after divorce can’t be changed and will be followed through, we would recommend you obtain a financial consent order.  A small cost now could save you time, money and hassle in the future!

If you want any information on financial orders or need help with any of the above contact Melinda Smith on 01945 898090 or email This email address is being protected from spambots. You need JavaScript enabled to view it.

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Our purpose is to offer more choice, more certainty, and an effortless client experience. You are welcome to get in touch with us for a chat about how we can help you.

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Our purpose is to offer more choice, more certainty, and an effortless client experience. You are welcome to get in touch with us for a chat about how we can help you.
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