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    • sparky0138
    • By sparky0138 6th Mar 18, 9:25 AM
    • 234Posts
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    sparky0138
    Consent Order
    • #1
    • 6th Mar 18, 9:25 AM
    Consent Order 6th Mar 18 at 9:25 AM
    My mum will shortly be divorcing my dad after 41 years of marriage. They're on good terms and in full agreement over the money side of things. She plans to get a consent order though to make things official which I know she can't start until after the decree nisi.

    Even though we've done research, we can't seem to find out exactly how the judge's decision is implemented. They plan to split their finances (not 50/50 but there are reasons for this) before she moves out which will be in a couple of weeks. Hopefully, not long after that, she will start divorce proceedings. She will give details of their agreement in the application and hopefully the judge will approve but what happens then? Do they get instructions to split the money as they've already agreed (which will have been done already) or is it ordered through the banks and they take care of it? Obviously the balances will have changed by the time the consent order is approved but if they've already split the money and are happy with it, does anything more need to be done after?

    If anyone has been though this process or knows how it works, I'd appreciate some insight on this please.
Page 1
    • TBagpuss
    • By TBagpuss 6th Mar 18, 9:46 AM
    • 6,487 Posts
    • 8,413 Thanks
    TBagpuss
    • #2
    • 6th Mar 18, 9:46 AM
    • #2
    • 6th Mar 18, 9:46 AM
    They can start divorce proceedings now, no need to wait until one has moved out. They can also get a consent order drawn up now, it's just that they won't be able to send it to the court until they have the decree nisi.

    They will be responsible for implementing the order.

    If the agreement includes provision for the house to be sold or transferred then it would be sensible to give a copy of the order to the conveyancing solicitors so they know what needs to be paid from the sale proceeds and how they are to be split.

    If the plan is for one party to buy the other out of the house then ensure that that order includes a fall-back position in case that person can't get the necessary mortgage.

    Where they have already split funds then the order can say this (e.g. "It is recorded that the parties joint savings account has been closed and the balance split as to 5,000 to the husband and 6,123 to the wife"

    As the plan is for an unequal split, use s.9 of the statement of information to explain to the Judge why the unequal split is fair.

    They should not forget to look at pensions and given the length of the marriage and their probably ages based on that, make sure that they do have proper advice about the pensions and the effect of splitting them for both parties, as the outcomes are not always what you might assume.
    • Tom99
    • By Tom99 6th Mar 18, 9:49 AM
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    Tom99
    • #3
    • 6th Mar 18, 9:49 AM
    • #3
    • 6th Mar 18, 9:49 AM
    Sounds very amicable so well done Mum and Dad.
    They can go ahead now and split everything as they like then just apply for a consent order in line with that when the time comes.
    The judge will want to see that the split is fair so may ask extra questions, particularly if valuable pensions are involved.
    Unless the judge believes the split is very unfair or one side has not taken proper advice you are likely to get the consent order confirmed.
    Its them up to Mum and Dad to make any transfers necessary, no-one else will do that for them.
    • sparky0138
    • By sparky0138 7th Mar 18, 9:25 AM
    • 234 Posts
    • 324 Thanks
    sparky0138
    • #4
    • 7th Mar 18, 9:25 AM
    • #4
    • 7th Mar 18, 9:25 AM
    We were told it would be very difficult to start a divorce unless they were living at different addresses, something to do with having to prove they live completely separate lives (i.e. don't eat together, don't do any shopping/washing for each other etc.) and that it wasn't easy to do that.

    The house goes with my dad's job so they don't currently pay rent, utility bills or council tax. My dad will continue to live in the house, hence why they aren't doing a 50/50 split (apart from the pensions).

    Thanks for the helpful information and advise on what to put on the consent order. It's much clearer now.
    • Tom99
    • By Tom99 7th Mar 18, 10:01 AM
    • 2,057 Posts
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    Tom99
    • #5
    • 7th Mar 18, 10:01 AM
    • #5
    • 7th Mar 18, 10:01 AM
    We were told it would be very difficult to start a divorce unless they were living at different addresses, something to do with having to prove they live completely separate lives (i.e. don't eat together, don't do any shopping/washing for each other etc.) and that it wasn't easy to do that.
    Originally posted by sparky0138
    No its very straightforward to claim 2 years separation even if you live in the same house. Their own statements that they have lived apart for 2 years will be enough, they will not have to provide any sort of proof.
    • Voyager2002
    • By Voyager2002 7th Mar 18, 10:13 AM
    • 12,071 Posts
    • 8,210 Thanks
    Voyager2002
    • #6
    • 7th Mar 18, 10:13 AM
    • #6
    • 7th Mar 18, 10:13 AM
    No its very straightforward to claim 2 years separation even if you live in the same house. Their own statements that they have lived apart for 2 years will be enough, they will not have to provide any sort of proof.
    Originally posted by Tom99
    Yes. The judge will ask them about washing, cooking and so forth, and is likely to believe what they say.
    • Tom99
    • By Tom99 7th Mar 18, 10:22 AM
    • 2,057 Posts
    • 1,383 Thanks
    Tom99
    • #7
    • 7th Mar 18, 10:22 AM
    • #7
    • 7th Mar 18, 10:22 AM
    The judge is only likely to ask questions if the information given on the appication is ambigous.
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