LEGAL

WHAT IS A CONSENT ORDER

What should you do once you reach an agreement in respect of finances following divorce?

Negotiating a financial settlement between you is always preferable to arguing things out in Court and asking a Judge to decide how to divide your finances.

If you and your spouse can reach an agreement between yourselves, you should always have this made legally binding by obtaining a Consent Order, which is then approved and sealed by the Courts. The Consent order will draw all claims to an end.

However, it is not always possible to agree this between yourselves and if necessary, you can instruct help from your solicitors or use the mediation process to assist. Without a Consent Order, there is always a possibility that your former spouse may try to make a claim against your assets, investments, property etc at a later date, there is no limit to how long after the divorce this can happen. You can begin negotiating a settlement as soon as you agree you intend to divorce and you can apply to the Court for a Consent Order at any stage after the Decree Nisi has been granted but it is a good idea to obtain the Consent Order before the divorce is finalised with the Decree Absolute.

The Consent Order should include: • Your home - whether it will be sold and the proceeds divided or ownership transferred to one of you; • how other assets such as second properties, savings, investments, business interests and personal possession will be dealt with; • how any pension schemes will be shared; • child maintenance for any children; • who will take responsibility for any outstanding debts; Once the agreement is reached, one party usually drafts the consent order which is then approved by the other party and signed by both parties. You will both need to complete a statement of information form summarising what capital and income each of you have. This application form is sent to the Court together with the signed Consent Order and a £50 Court fee.

The Judge will approve the terms of the agreement making sure it is fair for both parties and importantly meets the needs of any children of the family and the parties. The Judge may want to ask a few questions – either in writing or at a hearing. Once the judge is satisfied, the consent order is ‘sealed’ and becomes legally binding.

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PROTECTION FOR BEREAVED COHABITEES

Cohabiting couples are the fastest growing family type in the UK. Couples who live together do not have similar legal protections. And although many unmarried couples believe that because they are in a “common law marriage” they have the same financial claims available to them as married couples, the fact is there is no such thing as a common law marriage. This means that you could be left with nothing in the event of a separation or if your partner dies. If you are married or in a civil partnership, there are laws in place to help determine how your financial assets should be divided if your relationship breaks down, and to protect you in the event of your partner’s death. However, there are measures being put into place which will even out the playing field in the event of a cohabitee’s death. Recently, the Department for Work and Pensions has announced plans to extend bereavement support to cohabiting couples with children. At present, a surviving parent can only claim the financial support if he or she was married or in a civil partnership at the time of their spouse or civil partner’s death. The government is now proposing that Widowed Parent’s Allowance and Bereavement Support Payments will be extended to surviving cohabiting partners with children who were living with their partner at the time of death. It is estimated that more than 22,000 families will now be able to claim this help, totalling an additional £320 million in support for bereaved children over the next five years. Once approved by Parliament, the changes will apply retrospectively from 30 August 2018, with any backdated payments being made as lump sums.

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