Many people who ring us just want a divorce, quickly and cheaply without fuss and for as little money as possible. That’s fine as it goes, but we always qualify any request, with the question ” what about your financial matters“. “What do you mean, we have sorted everything, does the divorce not deal with that?”.
The straight answer is, no it does not. The divorce just deals with the ending of the marriage, it does not cover finances, and people could be putting themselves at risk of claims years later.
Of course by it’s very nature, consent orders require both spouses to be in 100% agreement with the financial arrangements set out in the order.
We always try and explain that, even years later, an ex spouse could if they so wished make a claim to the court, for a whole raft of financial remedies, such as maintenance, lump sum payments and in some cases property transfers and pensions, depending on how the divorce was filed in the first place.
Just because a spouse says they are in agreement, does not mean, years later they will not change their minds. How many people have met new partners that have said, ” why did you do that, you could have got loads more”.
Also people think consent orders are complicated and that it involves a drawn out process that requires mountains of paperwork. Not true, all the court require is a drafted proposed consent order, an up to date, basic financial disclosure document and a few extra forms to be signed.
On occasions if the order looks unfair, a judge may ask for more information or request a short hearing, to see the whites of your eyes and to make sure both parties fully understand what they have signed up for.
If you have had legal advice, which might cost you an hour or so of time with a lawyer, then in most cases the court will make the consent order and you a free to live your life without the worry that your ex will pop out of the woodwork and claim your lottery winnings.
You can obtain a consent order for just £150 + £45 court fee with Divorce-Online. All orders are drafted by experienced Solicitors on your behalf.