Consent order for divorce

DC1632

Can anyone tell me what actually gets written in a divorce "consent order" - the bit that deals with the finances.

"Ex" and I have been separated for 5 years and amicably sorted out finances at the time of separation. We are now looking to get divorced and I'm wondering how this consent order works.

Does it simply state that we have agreed finances and that's that and the court "rubber stamps" it? Or does it ask us to list all our debts and assets at time of separation. Or a list of debts and assets now, at time of divorce?

Bossyboots

In your circumstances all you are really looking for is an order than ensure that neither of you can claim against the other in the future.

So you would need a paragraph saying something like -

The parties separated on (or around) day/month/year.

At the time of separation the parties disposed of the matrimonial assets including the former matrimonial home at ............... The assets were divided to the mutual satisfaction of the parties and there remains nothing further to be divided.

You then need a clause that states that neither party has a claim against the other in the future. I will try to get you the exact wording of that next week as I can't remember it off the top of my head and I can't find it on my computer at home at the moment.

This, in proper legal jargon, should be all you need but again, I will try to find a model wording next week.

I think you may also need a clause stating that any and all assets accrued since the separation remain each party's without any claim by the other. This issue could be a sticking point and the consent order will need to be worded carefully to show that it is unreasonable for you to be claiming against each other now. You will also have to fill in a form about your assets and any property and your income but hopefully this will be just a rubber stamp job.

In the circumstances, I wouldn't advise you to attempt this without professional advice.

DC1632

Thanks for the reply. It would be nice to know the wording if you could get it for me.

I will be seeing a solicitor for the order and wouldn't attempt this myself as I know it's important to get it right.

The form about the assets, property and income - would the other party be able to have access to this information or just the court?

My slight concern is that since the separation my ex has run up a lot of debts while I have cleared mine and am in a much better financial position than when we separated. While everything is amicable now and he is aware of my circumstances, I am slightly worried that once it is written down on paper he may get "funny". I don't think so, but it is a slight concern.

Bossyboots

This is the form you will have to fill in http://www.hmcourts-service.gov.uk/courtfinder/forms/d81_1205.pdf

Your solicitor will talk about full and frank disclosure to be able to advise you properly. You can sign a disclaimer stating that you have had the advice but that you wish the consent order drawn up without that. This will then mean that neither of you will have to give full details of your finances. The court sometimes queries the fairness of a settlement but in your case where the actual matrimonial assets have already been divided, this should not be a problem as it normally only happens when those assets are the ones being dealt with in the order.