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?”

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?”

Separating but no divorce?

Have you thought about a separation agreement?

It isn’t unusual for people to separate for many months or even years before beginning divorce/dissolution proceedings.

Some just need time to save up for the court fee which is currently £550.

Others prefer to adjust to living alone, sometimes hoping that a reconciliation is still possible.

The undoing of the legal contract of marriage/civil partnership doesn’t hold the same sense of urgency for everyone. So does it make a difference? Are there any financial or other implications and if so what do you need to consider? Continue reading “Separating but no divorce?”

Does A Consent Order Have To Be Drafted By A Solicitor?

Does a consent order have to be drafted by a solicitor?

I think it’s helpful to look at how the court system works to understand whose responsibility it is to prepare court orders generally and then look at the question does a consent order have to be drafted by a solicitor.

Divorce court orders generally

In family cases, specifically divorce cases, there are some totally standardised court orders. These are, for example, the decree nisi and the decree absolute.

The court service automatically produces these documents. It is straightforward for the court service to do this because apart from changing the names of the parties, some dates and the case number, every decree is identical.

Financial Remedy Orders

Financial remedy orders are not so straightforward. Each one is bespoke. Each one is unique to the parties involved in that case. Some are very simple, for example orders which only contain clean break provisions. Others are not simple and require careful attention to detail.

There are two types of financial order. Financial orders which are made by a judge  after a contested hearing and financial orders made by consent. Continue reading “Does A Consent Order Have To Be Drafted By A Solicitor?”

What is a D81 Statement of Information For A Consent Order?

family law

A D81 Statement of Information for a Consent Order is a standard court form which has to be filled in and sent to the court with your application for a consent order.

The D81 is completed for you as part of our consent order services. To find out more about consent orders have a read of my factsheet on consent orders.

Continue reading “What is a D81 Statement of Information For A Consent Order?”

Latest news DIY consent orders

It feels like a long time since I last posted and I wanted to update new/potential clients on the diy consent order service.

So far so good, since legal aid was removed last year I have seen a huge increase in people using the diy consent order service and it seems to be achieving its purpose.

What is the diy consent order service?

Well as the name suggests it’s a service which helps people get a consent order without representation. It tends to appeal to people who are doing their own divorce and have reached an amicable agreement on how to divide their finances.

How does it work?

If you send me an email asking for details I will reply with some forms for you to fill in and return to me. I can then check whether you need a simple clean break or a more detailed standard order.

The more detailed order is necessary if you are transferring or selling a property or need a pension sharing order for example.

A simple clean break is only appropriate where people have no joint assets and have agreed that there will be no maintenance or sharing of any assets owned by just one of them, including pensions.

I will also send you a form to fill in to confirm that you have considered various factors and that you do or don’t want any advice on your agreement with your spouse or civil partner before continuing.

At any time you can elect to have a telephone or face to face consultation to take advice on the agreement or procedure. Consultations are chargeable although my rates for a telephone consultation are reasonable to reflect the low overhead for this service.

A consent order is not generally variable once it has been approved by the court and it cannot be appealed. It is very important that you consider the implications before entering into this type of agreement as I will repeatedly remind you during the process.

However, for those people who are absolutely agreed on the division of their assets and whose situations are relatively straightforward, this is a service designed to suit your needs.

Once you have explained to me exactly what is agreed I will draw up the agreement to reflect that.

You are able to take advice (and I encourage you to take advice) before submitting it to the court for approval.

I provide full instructions and the necessary letters to help you submit the order to the court.

You will need to complete the statement of information for a consent order (form D81) but again I can help you with that but further charges will be applied.

Please note:

  1. I do not liaise with the court for you with this diy service (although I do provide letters for you to sign) and you and your spouse or civil partner will need to cooperate with each other to sign the paperwork and fill in the D81.
  2. Nor can I take responsibility for the agreement you and your spouse or civil partner reach as I have not been involved in the negotiation and have not advised you on it. However many people do not want advice. They are happy with the agreement they have even if it does not leave them with the same assets a court would order after a hearing or reflect the terms that would be negotiated by two competent solicitors.

The diy service is also useful if you have been to mediation. It is also a low cost service. It is currently £240 plus the court fee of £50 for the standard order. (Fees correct as at August 2014)

If you want to know more please email me for an information pack.

Nicola Williams