ARE YOU ABOUT TO SCORE A HOME GOAL?

9th October 2020

 

Divorce is a game of two halves

The first half is the legal ending of the marriage

The second half is the division of the assets

It is usually the second half that is the most difficult and when emotions can run high If you can reach an agreement between you about the division of assets you can ask the court for approval of a consent order which sets out the agreed terms

A court approved consent order gives the couple certainty and finality and enables the couple to plan their next steps in the knowledge that they are on firm financial ground and no unpleasant surprises are likely to rise up and scupper any plans or projects that may have or intend to embark upon.

If you think you don’t need a court sanctioned consent order because everything is agreed and well you don’t want the extra legal expense then you are leaving the door open for potential future trouble as attitudes and circumstances of both parties change over time.

New partners coming on the scene is a common change that can lead to a change of attitude towards the informal agreement previously reached Informal agreements can easily breakdown without formal recognition by the court the terms of an informal agreement cannot be enforced by the court

An agreement should tie up all loose ends including dormant bank accounts that may not have been used for years.

An agreement should also include any child related expenses such as after school club, school fees, medical insurance premiums and debts etc.

If you are considering sharing any pensions (yes, this is compatible with a clean break) then you have no alternative - you MUST have a court order before the pension provider will share the pension.

An agreement can also deal with ownership and any visitation rights in respect of any family pet.

The legal cost of obtaining a consent order is cheap compared to the cost of lengthy acrimonious court proceedings

Positive thoughts 

Sarah 

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