A consent order is court order which records your mutual agreement with your ex-spouse as to the division of your assets. This guarantees that the agreement you have reached is now legally binding and there is no need to go to court.

A clean break clause

Within a consent order, a clean break clause can be included. This will ensure that neither you nor your ex-spouse can make any future financial claims against the other in life or death. Many people assume that reaching an amicable agreement between themselves is enough. However, if there is not a clean break provision within the consent order your ex-spouse could make a future financial claim against you and vice versa. A consent order with a clean break provision ends your financial ties to one another and gives you the peace of mind that there will not be any future claims against any financial gain you may obtain following your divorce. This will prevent your ex-spouse from attempting to acquire any future inheritance, any pension, investments, property or savings.

When is a clean break provision appropriate?

An immediate clean break provision is appropriate in many cases however there are some situations where a clean break provision taking effect immediately is not appropriate, these can include for example where there is ongoing spousal maintenance, periodical payments or child maintenance payments. In terms of these situations, there can be a deferred clean break provision within the consent order which means that your financial ties will end upon the payments ending.

What is the process of obtaining a consent order?

We can assist you in reaching an agreement and/or drafting the documentation necessary to obtain a consent order. We will formally draft the consent order for you and complete a brief statement of information which sets out your current financial circumstances and what your financial circumstances are after the order has been implemented. Once we have drafted the documentation, we will then submit the same to the court along with a court fee of £53.

How can we help?

We can offer you specialist legal advice on all aspects of your divorce and assist you in ending your financial ties with your ex-spouse. Please do not hesitate to contact us to ensure you are not disputing financial matters in future years because your ex-partner made a future financial claim against you. With offices across the West Midlands, we are easily accessible to discuss financial matters with you. No one wants to worry about claims being made against your assets following divorce when they are attempting to have a fresh start in life and move on from this chapter they have now concluded and that is why we are here to help.