Consent Orders in Divorce Proceedings

Consent Orders in Divorce Proceedings

It is always best if Divorce Settlements can be reached by agreement between the parties whether it is done between themselves or through the assistance of Mediators or Solicitors.

However what you should consider is whether you should obtain a Consent Order. This has to be obtained in the course of Divorce Proceedings or if a Civil Partnership, Dissolution Proceedings.

The method by which this is done is that an order is drawn up by the respective parties reciting all that has been agreed between them on the financial settlement.

Most importantly it should contain provision that all claims between the parties are dismissed. This should be under all relevant legislation. The most important legislation is the Matrimonial Causes Act of 1973 which gives divorce in partners the ability to make claims against the other.

That Act is mirrored by Civil Partnership Act 2004 which applies to parties applying to dissolve their partnership under that Act.

The Order should also contain a provision that there be a dismissal of any claims by one party against the estate of the other after the death of that person.

Generally it should contain provision that no claims are made under Trust Law or strict property rights. Any potential claims under the Pensioners Act 1995 (section 166 and 167) should also be dismissed.

The order should contain provision for the transfers of any properties to either party or if the transfers have already occurred should record that.

It may contain provisions a payment of a lump sum and any provisions in relation to Pensions.

It might contain provisions for maintenance or dismiss any claims for maintenance.

It must be made on the basis that each party has given an honest statement as to there incoming assets.

THE IMPORTANT THING THOUGH IS WHAT WE MENTIONED AT THE OUTSET. WITHOUT THIS TYPE OF ORDER PROPERLY OBTAINED THEN EITHER PARTY IS ALWAYS AT POTENTIAL RISK OF RECIEVING A LATER CLAIM FROM THE OTHER PARTY.

 

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