A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info


What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


Do you need help going to court over a Financial Settlement?

Our consultant service offers expert advice and support for people who are going to court over a fair financial settlement, for less than a quarter of the cost of using a traditional high street solicitor.


How long does it take to seal a Consent Order?

  • crocus
  • crocus's Avatar Posted by
  • Junior Member
  • Junior Member
More
16 Jul 12 #343529 by crocus
Topic started by crocus
It has been 1yr 8mths 1 day since I moved out. After much prevarication and slow-timing, an IM and an FDR, we finally both signed a Consent Order for the financial settlement. It has been at court, now, for nearly 2 weeks.

Our FDR judge had time set aside to review the order last Monday.

Can anybody give me some idea how long before the document emerges from the court process? I have all but exhausted my resource and would welcome my half of the joint savings as agreed.

It sounds odd, but this waiting seems as stressful as the actual negotiation process, especially as my sol said the court can sometimes request amendments to an order!

What are the experiences of others regarding sealing Consent Orders?

  • MrsMathsisfun
  • MrsMathsisfun's Avatar
  • Platinum Member
  • Platinum Member
More
16 Jul 12 #343543 by MrsMathsisfun
Reply from MrsMathsisfun
My partners took about 3 weeks to go through the court process. He was on tender hooks too!

  • crocus
  • crocus's Avatar Posted by
  • Junior Member
  • Junior Member
More
16 Jul 12 #343560 by crocus
Reply from crocus
Thanks, but gosh, it just seems such a long time! I guess I must be at least half way through it.

  • dukey
  • dukey's Avatar
  • Moderator
  • Moderator
More
16 Jul 12 #343564 by dukey
Reply from dukey
Judges often seal orders as box work which they tend to do once per week, luck of the draw, some courts right now are taking 12 weeks to seal orders, others much less, it really depends which court you sent it to.

Call the court and ask they should be able to give you a fair idea.

  • crocus
  • crocus's Avatar Posted by
  • Junior Member
  • Junior Member
More
16 Jul 12 #343597 by crocus
Reply from crocus
That seems rather long. Some elements of the financial settlement are due to be paid in, say, 30 days from the date of the order. Others by a specific date in the future. If the process takes 12 weeks, then my husband will be in breach of the Consent Order before we even get it out of the courts. That doesn''t seem reasonable.

Thanks for the advice. I''ll check.

  • dukey
  • dukey's Avatar
  • Moderator
  • Moderator
More
16 Jul 12 #343598 by dukey
Reply from dukey
The order is not valid until sealed by a judge, it''s from then the clock starts ticking not when it was drafted, even then it cannot be enforced until the Absolute is granted.

  • crocus
  • crocus's Avatar Posted by
  • Junior Member
  • Junior Member
More
16 Jul 12 #343600 by crocus
Reply from crocus
I just checked the draft. This is true of the Consent Order, however there is an extensive "preamble" of undertakings that are associated with but separate to the consent order. The two documents are linked, but signed and dated separately. The preamble contains the dated details of when payments etc are to be made and does not seem to be "subject to Decree Absolute" like the consent order itself is.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11