Where you and your partner have reached a financial settlement, it is important that the terms of your agreement are properly and fairly set out.
Through a divorce, this document is called a ‘financial consent order’ and the aim of it is to:
- Clearly record the financial settlement in writing
- Set out how the terms of the financial settlement are to be implemented
- For this to be binding and to provide for a financial clean break, where applicable
- To avoid or limit future financial claims
- For enforcement reasons in the event of non-compliance
- To provide for peace of mind and so you can move forward in life
We can consider a fixed fee with you to prepare a consent order. The fees are subject to the level of agreement between you, the complexity of the case and/or drafting, any other issues arising (for example jurisdictional), our advice and any questions you may have together the stance to be taken by the other party. Once we have further information from you, we can provide you with an estimate of our fees. The court fee is set at £53.
What should be included in a Consent Order?
- Preparation and the drafting of the financial consent order
- Amendments before the final consent order is prepared
- To provide for settlement of:
- Capital and property claims
- Maintenance (spousal and child)
- A single pension sharing annex
- Preparation of the statement of information form (D81) required by the court
- Instructions on how you sign the consent order and D81 and how to file this at court
- Advice about your financial settlement and the merit of it
- Obtaining and/or reviewing financial disclosure
- Any negotiations
- Multiple pension sharing, companies, 3rd parties, trusts and international issues
- Representation at court (although where couples reach a financial settlement this is unusual)
- Any questions from the court or judge
- Implementation of the financial consent order
- Any issues concerning the divorce or children
- Enforcement
If electronic signatures are necessary, then the fee for this facility is £2.40 per document. Other disbursements may be incurred to include a UK marriage certificate of £11, Land Registry search £3.00 and identity/credit check of £3.60. We will inform you of any relevant disbursements.
For more information about divorce and finances see the relevant service pages.
To speak to a member of our specialist family law team please contact us through the form below or by calling us on +44 (0) 1625 544650
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