Agreeing the terms of a fair consent order isn’t always easy. So where do you begin?
Most people start by typing queries into a search engine. Any why not? It’s where we go to find out pretty much everything these days; whether it’s keeping up on the news, checking reviews on where to go for dinner on holiday or finding the best price for a new TV. Almost all of us will at some point turn to the huge source of free information that is the internet.
The problem I find, is that there is often just too much information out there and it’s getting harder to tell not just what is true, but also what experience and skill the author/website owner has.
There are other options to help you determine what is a fair consent order.
You can ignore all advice and rely on your own instincts.
You can rely on the advice of family and friends to guide you.
You can go to a regulated family law mediation service.
You can seek bespoke help from a family law solicitor or barrister.
But in the end, the consent order will only be made if the judge thinks it is fair too.
So, I want to look at what the law says needs to be taken into account by a judge when he or she has to make that decision on what is a fair consent order. Continue reading “”
I’ve talked in an earlier post about the legal status of a separation agreement and what it means to live as two separate households.
In this article I want to look at the period of separation from a financial point of view and provide a little information on how you can record your status as “separated” in a separation agreement and even divide your assets before you divorce.
Has the phrase “living together in the same household” caused you confusion when applying for your decree nisi?
For many people two years separation with consent is the reason they will cite on their divorce petition for the breakdown in the marriage.
There is a lot of confusion in the public domain about what constitutes separation or living together in the same household.
Separation is basically what some people might call not living together “as a couple” and in divorce proceedings this has come to be more specifically referred to as not living together in the same household. You can still live under one roof – particularly if your home is for sale or you haven’t yet agreed what to do with it. But if you do live under one roof during any period you are claiming you were separated, you will need to explain your living arrangements briefly when you come to apply for your decree nisi. Continue reading “Two year Separation With Consent – what is living together as the same household?”
First of all, bailiffs cost around £100 – £120 so before rushing off to organise one, do check that the court is not sitting on the paperwork because of a backlog – particularly around a bank holiday. Courts do get very busy at certain times and it can cause delay.
You can’t download a consent order from the court website. So, you need to draft one (or arrange for a solicitor or barrister to draft one for you). A consent order needs to fit your requirements perfectly. One size doesn’t fit all.
What goes into a consent order?
The court only accepts court orders prepared in an approved format. This is usually best done by a solicitor who specialises in this type of family law.