If you and your former partner are able to come to an agreement over your divorce out of court, this could potentially save time, money and plenty of stress. However, if you do not sign a court consent order to make this agreement legally binding, it may be possible for your former partner to make a claim for financial provision in the future.
At Sharp Family Law, our specialist divorce solicitors in Bath and Bristol have vast experience in couples reaching an agreement out of court, followed by signing a watertight court consent order that protects them in the future.
Our team always take a collaborative approach to divorce, no matter what the circumstances may be. This not only helps to remove any unhelpful conflict from the separation but also helps to increase the likelihood of both parties reaching an agreement that suits their best interests.
Regardless of whether you and your former partner have separated on terms, it is vital that every detail relating to your divorce is carefully assessed so that a suitable consent order can be drafted. Our team achieve this by focusing on a variety of approaches, such as collaborative law, constructive negotiation and mediation.
Sharp Family Law accept work in person and electronically, by email or by filesharing on various platforms. We offer conferences in person, at our offices and by skype for business, Microsoft Teams, Zoom, and FaceTime or other video systems, or by telephone.
To arrange an initial meeting with one of our high net worth divorce solicitors, whether that is in person or electronically, please give us a call or use our simple enquiry form to request a call back.
Our court consent order services
Negotiating the contents of a court consent order
There are a number of factors that need to be considered when you divorce, all of which need to be covered in a court consent order. Our expert divorce solicitors can work alongside you to ensure no stone is left unturned when it comes to negotiating the contents of your court consent order.
We can help you to finalise arrangements for financial matters, including:
- Your family home
- Additional properties
- Savings
- Investments
- Pensions
- Valuable belongings
- Debts
- Spousal maintenance
- Child maintenance
Our solicitors can also work with you to negotiate a ‘full clean break’ provision, which will completely sever the financial ties between you and your former partner.
Drafting a consent order
Court consent orders can be incredibly complex, containing numerous legal clauses to ensure that it is valid and likely to be accepted by the court. This is why it is essential for an experienced legal professional, such as a member of our team, to draft a court consent order on your behalf.
Having a consent order drafted by a legal professional, such as a divorce solicitor, also means that a judge is less likely to question how an agreement was reached between you and your former partner and will reduce the risk of your consent order being rejected.
Enforcing the contents of a consent order
If you and your former partner agree to a court consent order, then you are both obliged to follow it. If, for any reason, you find that your former partner is not adhering to the consent order, you may be within your rights to apply to court to enforce it.
Our divorce solicitors can advise and support you through this process, helping you to establish whether you have a legitimate case and whether it is likely to be upheld by the court.
If a court elects to enforce a court order, they could make an Enforcement Order, requiring your former partner to complete unpaid work, or an Order for Compensation for Financial Loss that requires your former partner to repay you any money lost through the breached consent order.
Why choose Sharp Family Law for advice about court consent orders?
Sharp Family Law is one of the largest and well-regarded family law firms in Bristol and Bath. We have specialist expertise in helping couples through the divorce process, including drafting a court consent order after conducting thorough negotiations.
We are committed to carefully tailoring the service we provide to all of our clients, which means you can be sure you receive highly personal advice. We appreciate that every case is unique, and, as such, we tailor our advice towards reaching the best possible outcome for your individual circumstances.
If this is the first time you have had to deal with complex financial or familial arrangements, we can also offer you specialist one to one guidance on certain matters, as well as refer you to specialists where appropriate.
Independent recognition for our family law expertise includes:
- The Legal 500 - Tier 3 for Family in the South West
- Chambers & Partners – Band 2 for Family/Matrimonial in the South West
- Richard Sharp is personally ranked Band 3 in Chambers & Partners
Our team’s training and professional memberships include:
- Several members of Resolution – the professional network for family lawyers committed to taking a non-confrontational approach to family law
- Richard Sharp is a trained collaborative lawyer and family mediator in both the UK and USA
To find out more about our family lawyers’ individual expertise, please take a look at our team.
Our main approaches to court consent orders
Prior to signing a court consent order, it is essential that you and your former partner come to an agreement between yourselves. If this is not immediately possible, you can utilise Alternative Dispute Resolution (ADR). This could come in a number of forms, many of which we are experts in.
Collaborative law
The collaborative law process involves you and your former spouse meeting to discuss the details relating to your divorce, including the practical arrangements that will dictate the nature of your separation.
When taking part in collaborative law, you and your former partner will sign a Collaborative Agreement. This acts as a commitment for everyone to make the process a success, including both parties’ lawyers. Those same lawyers are prevented from representing their clients in court if the process is not successful.
Constructive Negotiation
Constructive Negotiation prompts round-the-table discussions which are focused on helping you and your partner reach an out-of-court settlement, which can then be finalised by a court consent order.
You and your former partner will be encouraged to have detailed conversations about the details relating to your divorce and the way you plan to divide any matrimonial assets you own.
Family mediation
Family mediation sees you sit down with your former partner and a neutral family mediator to discuss your divorce.
As the title suggests, a family mediator is present to mediate and nothing more. They will help you to resolve any potential conflict that is preventing you from reaching an agreement out of court. Importantly, they are not allowed to give any legal advice, nor are they allowed to take sides.
Get in touch with our court consent order solicitors in Bath and Bristol
To arrange an initial meeting with our court consent order solicitors in Bath and Bristol, whether that be in person or electronically, please give us a call or use our simple online enquiry form to request a call back.