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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.


Are template consent orders any good?

  • arden92
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17 Oct 21 #517934 by arden92
Topic started by arden92
I know the advice is always to get a solicitor to draft a Consent Order, and I get the reasons for that.

However, in my divorce, things are amicable and my wife and I are not claiming anything off each other, as each of us feels we have enough share of the assets already in our sole names, with a reasonable salary and pension each. If there was ever a case for a DIY Consent Order, ours must be it.

I know this site provides a couple of template Consent Orders (divorce.wikivorce.com/guides-financial-s.../consent-orders.html) and I know you can get templates from other sites on the web like Net lawman. In people's experience, do Consent Orders created from these satisfy judges?

Do judges reject Consent Orders if they don't see a solicitor's name on Form A and realize that the consent order is DIY?

I'm thinking that even if we go to a solicitor, he's unlikely to start with a blank sheet of paper - he's bound to get a previous Consent Order he did for some other client and make a few edits to it, so we'll get an order created from a template one way or another.

Thanks in advance for any advice!

  • rubytuesday
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18 Oct 21 - 18 Oct 21 #517940 by rubytuesday
Reply from rubytuesday
The short answer to your question is no. A Consent Order is a legally binding document that can be enforced by County Court or Magistrates Court, even High Court, for this and many other reasons a consent order must be written by a qualified solicitor. Some couples will write their own agreement and even have it witnessed thinking it will be fine, actually it isn't worth the paper its written on, it is not binding or enforceable in anyway. These documents are often very technical and include many factors most people not legally qualified would not think of, even if they did wording is very important, as with any legal document.

In 13 or so years of being involved with Wikivorce, and advising people on family law, I know of one single occasion where a "diy" Consent Order was approved by a Judge - the litigant just happened to be a family law barrister... I've lost count of the number of times people have tried to submit a "diy" consent order and for it to be rejected outright by the Judge.

The link you mentioned to Consent Orders on here - those are examples of consent orders,a dn not templates - and shouldn't be used as templates. I would also advise to steer clear of any consent order templates as these have not been written specifically for your requirements.

Wikivorce do a fixed fee Consent Order for £259 - divorce.wikivorce.com/services/financial...k-consent-order.html - this includes the professional drafting of a Consent Order and legal advice on that order.

A Consent Order is a legally binding court order that is enforceable - it is important to ensure that the wording in it is correct and has been written by someone who understands the law, and knows what they are doing.
Last edit: 18 Oct 21 by rubytuesday.

  • .Charles
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18 Oct 21 #517941 by .Charles
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It is worthwhile mentioning that the Family Court has standardised the orders so that they are created from the same precedent.

The compendium of order is a zip file at the Court website here (standard orders volume 1 financial...): www.judiciary.uk/publications/practice-g...en-and-other-orders/

Order 2.1 is the standard financial order and every lawyer I know prints off the relevant pages and annotates the printed version to create a bespoke version for their client.

Order 2.1 is 41 pages long and you need to know what you are doing to create an order. A family lawyer has to expertise to do this and that's what you pay for in the same way as you would pay an architect to create a technical drawing.

Charles

  • arden92
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19 Oct 21 #517950 by arden92
Reply from arden92
Thanks, Charles, that's really useful.

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