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Factsheet-consent orders for couples

Legal Help you can trust | Nicola Williams Solicitor

Factsheet-consent orders for couples

Legal Help you can trust | Nicola Williams Solicitor

Advice you can trust

Nicola Williams Solicitor

consent-order-sign

amicable separation?

uncontested divorce?

agreed finances?

looking for straightforward, affordable legal help?

Can one solicitor do a consent order for both sides? Yes if you are absolutely agreed.

 

This is a question I am so often asked.

Can one solicitor help both sides with a consent order in a divorce? Yes, in some circumstances this is possible.

Really?

Yes if you are absolutely agreed.

The Law Society and Solicitors Regulation Authority now recognise that there are situations in which there are benefits for clients in instructing one solicitor to prepare a consent order rather than two.

Costs are generally reduced when only one solicitor is involved. The process of gathering information is generally quicker as well.

I have a service that is specifically designed to help couples who have reached an amicable agreement on the divison of their assets, to submit a consent order to the court.

 

Special conditions for taking instructions from a couple jointly.

I can only accept instructions to prepare a consent order from a couple jointly when

  • you have an absolute agreement;
  • you don't need to take any separate advice on the terms agreed; and
  • you are happy to send the paperwork to the court yourselves.

 

Undue influence or duress

I have to be satisfied that neither of you is putting the other under any pressure to agree to the terms of the consent order.

In some circumstances it can be difficult to tell, particularly where communication is mainly via email. One indication may be where one party is receiving significantly more than the other as a share of the assets of the relationship. However this is not always the case.

In situations where there is a significant departure from an equal division of the assets, I will always ask for the reasons why this has been agreed. If appropriate I will let you know any concerns I may have about the likelihood of the order being refused by the court. If I suspect that one of you is under pressure I will not be able to help you any further.

 sample consent order

Need help with a consent order ?

 sample consent order

All the documents you need to file your consent order at court completed for you.

email me here

I will never pass your details on to anyone else without your permission.

 

Legal advice on the terms of a consent order

Many clients come to me after having taken advice from a local solicitor or attending mediation. Others have simply discussed arrangements themselves.

Therefore some have taken legal advice, others haven't.

I ask everyone to complete my consent order questionnaire as fully as possible. This tells me a little about the background and the terms of the agreement itself.

My first concern is to make sure that I understand what you want to achieve and why/how you came to the agreement.

Once I understand that, I can assess two things:

  • is the agreement fair in all the circumstances presented to me; and
  • is it possible to make that agreement binding and enforceable in a consent order?

If the agreement doesn't look fair I may ask you both for some additional information. I may alternatively suggest that you take separate legal advice on specific points.

If the agreement doesn't look enforceable, I may suggest minor alterations to rectify this. However, if the alterations required are significant, or in fact it looks as if you haven't quite finished negotiating, I may again suggest that you take separate legal advice or go to mediation.

Even if you don't want to take separate legal advice, I may still be unable to prepare the consent order taking into account my duties as a solicitor and the principles of the Solicitors' code of conduct. My decision on this is final.

 

Financial disclosure.

It is essential that you already have enough understanding of each other's finances to be able to enter into the consent order before using this service. You have a duty to be honest with each other and with the court.

I will ask you for brief details of your capital, income and pension to add to the court forms. This information will be shared between you.

If you need to deal with full financial disclosure this service is not suitable for you.

 

Contact me for a quote to prepare your consent order for you.

You can either use the form below and I will send you my questionnaire or you can access it right here, fill it in and send it to me.

I will review your case and confirm the fee to carry out the work for you.

If my service is suitable, I will send you my terms of business and an acceptance form for you to send back to me if you would like to go ahead.

There are no hidden charges or fees.

I invoice once I have prepared your paperwork and you can pay securely online using Worldpay, the UK's largest payment provider.

 

Take a look at my consent order factsheet for more details on consent orders generally:

Find out more

Use the form below to get in touch and I will send you a short questionnaire to fill in and return to me.

I will confirm whether the service is suitable for you and my fee if it is.

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