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 sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


Separation Agreement vs Consent Order

  • Thom1437
  • Thom1437's Avatar Posted by
  • New Member
  • New Member
More
12 Jul 21 #517254 by Thom1437
Topic started by Thom1437
In January this year my wife and I agreed to separate. My understanding is until we begin divorce proceedings (under current law after 2 years or more of separation), we can put in place a Separation Agreement on our finances. However I want to find out if this type of agreement is legally binding.

Is this a legally binding document we can put in place now or is it only legally binding once we have the Consent Order finalised?

In other words, can we get the finances agreed and legally bound before finalising the divorce?

Thank you in advance for any advice.

  • rubytuesday
  • rubytuesday's Avatar
  • Moderator
  • Moderator
More
12 Jul 21 #517255 by rubytuesday
Reply from rubytuesday
A Separation Agreement isn't legally binding or enforceable like a Consent Order. However, it is far better to have a Separation Agreement in place to regulate your financial agreement, and set out what you have agreed, and what your future intentions are around pensions, etc, than to not have one; especially if you are planning to separate, divide the house equity etc before divorcing.

A well-written Separation Agreement, drawn up by a solicitor will carry weight in court - if one party decides to depart from that agreement, the court will want to know why, and what changes there have been in circumstances to warrant a move away from the agreement.

A Separation Agreement can't facilitate a pension share - that can only be done with a Consent Order (or a pension sharing order).

Wikivorce offer a fixed fee Separation Agreement for £259, under our services tab.

You don't have to wait 2 years to begin divorce proceedings, either of you can begin the divorce much earlier, using behaviour as your "ground". Many couples use behaviour as a way to circumnavigate the long waiting period of 2 years. That way, you can then get a legally binding Consent Order much sooner.

  • enm1sg-sandy
  • enm1sg-sandy's Avatar
  • Junior Member
  • Junior Member
More
15 Jul 21 #517269 by enm1sg-sandy
Reply from enm1sg-sandy
In that case, instead of a Separation Agreement, can we make the Consent Order by the solicitor agreed and sign by both parties and submit the consent order and file for divorce at the same time. the court will provide the Decree Nisi and the approved copy of the consent order at the same time.

In this scenario, each parties cant be bak out later and a draft copy of the Consent Order is agreed upon & signed by the parties already locked in the court ..

Kindly let me advise if it is legally possible

  • rubytuesday
  • rubytuesday's Avatar
  • Moderator
  • Moderator
More
15 Jul 21 #517270 by rubytuesday
Reply from rubytuesday
You must have the Decree Nisi before being able to submit a draft Consent Order.

The usual timeline is:

1 - petition
2 - respondent responds
3 - petitioner applies for Nisi
4 - Draft Consent Order written up and signed by both parties
5 - Consent Order submitted to court after Nisi has been granted
6 - Absolute applied for, once Consent Order is sealed by court.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11