When a married couple makes the decision to divorce, a formal process is followed, but this does not automatically unlink their finances, meaning the divorcees are responsible for deciding the division of their finances.
The court often requires the divorcing couple to attempt resolution between themselves, which can be done through a voluntary financial agreement, followed by a consent order or, if no amicable resolution can be sought, via court litigation. A financial consent orders solicitor can assist with the application, allowing for a smooth process and helping to reduce stress.
Our family law solicitors have assisted clients in all financial consent order circumstances across Bath, Bristol, Bradford on Avon and the surrounding areas and have a high level of knowledge and skill.
Should your financial order by consent require negotiations to be made with your ex-spouse, our solicitors will attempt to take an amicable approach through alternative dispute resolution (ADR). The family law team have considerable expertise and skill in constructive negotiation, family mediation, collaborative law and Resolution Together.
Resolution Together is a new imitative, and promotes a ‘one lawyer, two clients’ approach. Following this model, we can provide a convenient service where our legal professionals can advise both members of a couple who are require financial consent order advice. This helps to ensure that each parties’ needs are met, while also keeping conflict to a minimum.
At Sharp Family Law, our lawyers in Bath, Bristol and Bradford on Avon and the surrounding areas work both in person and electronically using emails or file sharing platforms. We also offer discussion at our offices, in addition to telephone, Skype for Business, Microsoft Teams, Zoom, FaceTime, or other video systems.
To arrange an initial meeting with one of our solicitors, whether that is in person or electronically, please give us a call or use our simple online enquiry form to request a call back.
Our financial consent order services
Applying for a financial consent order
If you and your ex-spouse have come to a mutual agreement on how you will split your finances following a divorce, you will need a financial consent order to make the agreement legally binding.
Our solicitors have seasoned experience in a wide range of financial consent order matters. With our in-depth knowledge and skill, you can be confident that you will be supported by a specialist team who have your best interests in mind. We tailor our advice, ensuring it supports your circumstances and needs as well as protects your assets.
Our solicitors can review an already drafted consent order, as well as assist in drafting a consent order which best suits your needs. When you instruct our team, we will take the time to understand your situation, allowing us to determine where you stand and what you’re entitled to. Should we need to send a consent order that could be considered ‘imbalanced’, we will have a clear reasoning for this, ready to submit to the court.
Under the Resolution Together model, where required we can provide advice on applications to both you and your former partner, streamlining the process and ensuring you have a clear understanding of where you both stand.
Negotiating financial consent order terms
Should you review the pre-drafted consent order to find terms which negatively impact you or were not part of your agreement, acquiring legal assistance is crucial.
Our solicitors will assist with reviewing the financial consent order document you have received, assessing the terms set, explaining anything you are uncertain of and ensuring the terms set in the order meet the arrangements you and your ex-spouse made in your voluntary financial settlement.
Getting a pre drafted consent order checked is crucial, but should you find any discrepancies or terms which are not in your best interests in the financial consent order, our solicitors will guide you through the appropriate steps moving forward.
Responding to court recommendations
When a consent order is drafted and submitted, the court will need to review it. They will carefully overview the document and assess it to ensure that it meets the needs of both parties.
Should there be indications that the consent order doesn’t look fair on paper, the reason for this will need to be fully explained to the court before the order is approved. Should there be no explanation or understanding for this, there is a risk of the court rejecting the order and coming back with a series of questions.
Should we assist with drafting a document that could be interpreted as unfair, our solicitors will assist you in providing clear reasoning to support this decision.
In circumstances where an order has been rejected, our solicitors can review the suggested recommendations from the court and ensure they are effectively met or clearly explained in the redraft of the consent order. However, with our assistance from the start, we can help secure a consent order with no suggested recommendations in the first instance.
Breach of financial consent orders
A consent order approved by the court is legally binding, and should your ex-spouse fail to meet any of the terms of the order, this is a breach. Where an order is breached, you can apply to the court to have it enforced. Acquiring sound advice and support from a solicitor is essential to quickly have the matter resolved and to compensate you.
Our financial consent order solicitors have helped guide many clients during such breaches. We will help enforce your ex-spouse to accurately follow the set requirements.
Why choose Sharp Family Law for financial consent orders?
No matter the situation you are facing, our team will provide a completely bespoke service, making sure that your needs and circumstances are always prioritised. As a firm, we do not adopt a ‘one-size fits all’ approach. We personalise our advice to best fit you.
Our outstanding experience and skill have been independently recognised through:
- All team members are part of Resolution – a professional network connecting family solicitors together who take tactical and amicable approaches to family law matters, including financial consent orders.
Richard Sharp is a trained collaborative lawyer, as well as Resolution Together, where a divorcing couple can instruct one solicitor together.
To find out more about our consent orders expertise, please take a look at our family law team.
What is a financial consent order?
When two spouses divorce, they will be required to make arrangements in concern of their finances. This can be done voluntarily, or an application can be made to the court if an agreement between the parties cannot be reached.
Where a voluntary divorce financial settlement is arranged, a consent order is required to be approved by the court to ensure that the agreement is legally binding. Without a consent order, either party could make a financial claim against their ex-spouse in the future, should they not remarry.
A consent order will include all details concerning your financial position and how sole and co-owned property and assets will be split, such as pensions, personal possessions and inheritances (including future inheritance). Spousal maintenance is considered in every single divorce financial settlement, but whether it is needed depends on income. If spousal maintenance is included, it will not be considered a clean break order.
When does a financial consent order take effect?
A financial consent order only takes effect when the court has reviewed the application and has made sure that the needs of all parties involved have been met. It only becomes legally binding once it has been approved and signed by the judge.
What is a clean break consent order?
A clean break consent order is where there are no financial obligations to each other, allowing for a completely clean break, for example, where no spousal maintenance is necessary. It is, however, wise to understand that pension splitting does not impact this.
Get in touch with our financial consent orders solicitors in Bristol, Bath and Bradford on Avon
To arrange an initial meeting with one of our consent orders solicitors in Bristol, Bath or Bradford on Avon to discuss your situation, whether that is in person or electronically, please give us a call or use our simple enquiry form to request a call back.