What is a fair  consent order?

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.

divorce advice online

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 “”

application relating to land
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When do you need to tell your mortgage lender you are applying for a financial remedy order (even a consent order)?

You must inform your mortgage lender when you are making an application for a financial remedy order and it is an application relating to land.

This applies to consent orders and applications that are not by consent.

In the case of a consent order,  you must inform them at least two weeks before sending a consent order to the court.

In other cases (not by consent) you should do it at the time you issue your application.

What is an application relating to land?

This is any application relating to land itself or to a house/property on any land.

So an application relating to land may mean an application for:

  • a transfer of property from joint names to one name;
  • an order for the sale of the property;
  • a mesher order.

Continue reading “”

Online Divorce – East Midlands Divorce Centre

online divorce East Midlands divorce unit

Online divorce is officially coming to the East Midlands. Although for now it’s at an early trial stage you will still need to print and post your application to send it in to the court.

Online divorce and the court service.

online divorce

Presently you cannot issue a divorce online in England and Wales.

There may be several website selling “online divorce” services but in fact all they are doing is taking your details online in some form of questionnaire.

There is currently no facility to file a divorce petition online at the court service. You must post or deliver your divorce petition to the court.

East Midlands Divorce Centre online divorce pilot.

All of this is about to change however. Continue reading “Online Divorce – East Midlands Divorce Centre”

The benefits of a good separation agreement.

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.

Continue reading “The benefits of a good separation agreement.”

Two year Separation With Consent – what is living together as the same household?

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?”

Can a consent order be changed?

court consent order
There are times when you may find that you need to change the terms of a consent order by agreement.

For example, you have a consent order for the sale of the family home and now in fact you want to transfer it from joint names to one name instead.

Do you need to change the consent order itself or can you just go ahead and transfer the property?

The answer lies in the detail of the order. Continue reading “Can a consent order be changed?”

My husband/wife or civil partner hasn’t returned the acknowledgement of service. Shall I use the court bailiff or a private bailiff?

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.

If you have checked and nothing has been received, I recommend that you try and talk to your husband/wife or civil partner (of course not if it isn’t safe to do so) to see if there is a reason why the paperwork hasn’t been sent back. Continue reading “My husband/wife or civil partner hasn’t returned the acknowledgement of service. Shall I use the court bailiff or a private bailiff?”

Can I send in a consent order without the agreement of my husband/wife?

The answer to this is no, I’m afraid not.

A consent order is a legally binding agreement.

It requires the agreement of both parties to the marriage/civil partnership and the approval of the court.

Both you and your husband/wife/civil partner will need to sign all the forms including the Form A, the D81 and the order itself. Continue reading “Can I send in a consent order without the agreement of my husband/wife?”

Can I download a consent order form from the court website?

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.

consent order precedents

I use court approved precedents like these produced by Resolution the Solicitors Family Law Association for its members. Continue reading “Can I download a consent order form from the court website?”

Where can I arrange mediation in Cheadle Hulme Stockport?

Nicola Williams undertakes mediation meetings at Landmark House, Station Road, SK8 7BS every Thursday afternoon.

Contact us using the form below to for further details or to make an appointment.

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You can find further details of our mediation service with Nicola here

 

 

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