Write Your Own Consent Order

Consent Order ' The Basics

Since a consent order covers a broader spectrum, in this article we would confine our analysis to the consent order in case of a divorce.

A consent order is also referred to as a clean break agreement. When the divorcing couple do not want to be financially bound by monthly maintenance or any financial commitment, they can have a clean break agreement. In case of a divorce, after the couple divides their assets, they could draw up a clean break agreement. From then on, the couple is free and any plea by one of them towards maintenance would be dismissed by the court.

Drafting a Consent Order

A consent order can be drawn after pronouncement of decree Nisi. When a clean break agreement contains loopholes, it cannot fulfil its true purpose. Hence, it would be better to take the assistance of an efficient solicitor for preparing a consent order.

These days you do not have to waste your time finding an efficient solicitor or worry about his hourly charges. There are numerous websites that help you with a clean break consent order. These websites use expert assistance to prepare the order. Also, they are much cheaper than hiring a solicitor. In most of the cases, you can have your consent order ready even without visiting the courtroom. So, sitting in the comfort of your home, you can just relax and have the professionals take care of your consent order.

A sample Consent Order for Divorce

When the clean break does not include a particular aspect such as savings, then in theory, the divorced spouse could claim a share of the savings since it has not been mentioned in the order. A good clean break agreement would address all the financial issues including child maintenance, shares, pension, savings, etc. Here is a sample of clauses included in a consent order that would help you have a better picture in preparing it:

Property Sharing

The matrimonial home at the “Address” be given to the husband/wife exclusively

Maintenance

Entire spousal maintenance (mentioning the total amount) to be paid on (date) through (mode of payment). The spouse cannot make any further claim for the maintenance in the future.

In a similar fashion, all the necessary clauses need to included with complete details while drafting the consent order.

Importance of a Consent Order

My friend Neil was married to his wife for two years when they decided to divorce after Neil failed miserably in his business. It was an uncontested divorce and there was no payment of maintenance since Neil was bankrupt. However, after a couple of years Neil's business began to grow and he earned a fortune. Surprisingly, his ex-wife claimed a major share of the money and when he was reluctant to pay what he had earned out of his own hard work, she challenged him in court. Finally, he had to pay her off and learnt that all this could have been avoided if he had signed a clean break agreement.

In the absence of the clean break agreement, the divorced spouse can claim a share of your property even if you have earned it after your divorce and your ex did not have contribution towards it. Even a separation agreement cannot protect you from your spouse's claim. A clean break agreement is the only way to safeguard a person's financial position. Even if you win a million pounds in the lottery, your ex can only watch and envy you if you have the agreement in place. Any move to legally claim a portion of it would only be dismissed by the court.

If spending less than £100 and taking a few minutes off your tight schedule could help you lead a secure and stress-free life, why not opt for it instead of jeop

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