Divorce Without a Consent Order

When you get married you automatically link your finances to each other. But what most people don’t understand is that divorce doesn’t automatically unlink these financial ties. You can only unlink them by getting an order from the court (called a consent order) about your finances. This is a very simplistic way of putting it but it I am trying to drive home the point that you should not get divorced, without also getting a consent order from the court to confirm how your money / property is going to be dealt with. Even if you don’t have money or a property, you should still get a consent order(read on to find out why).

If you decide to get a divorce without a consent order, you are leaving the door open for your ex to come back at any time in the future to deal with his issue. If you think dealing with your finances at the time of divorce is hard, try dealing with it years after your divorce!

I had a query from a client a few weeks ago. She had been divorced for over 4 years, and before she finalised the divorce, she agreed with her husband that the family home will get transferred into her name whilst the husband kept his pension. The wife got herself a mortgage in her name and they both decided that due to the amicable nature of their divorce, they will not spend the extra money to get a consent order to make their agreement legally binding in the eyes of the court. Four years passed and the wife had moved on with her life, but the husband had a different idea. He had had a change of heart and contacted her to talk about the settlement. The wife had presumed that he could not raise this as an issue because the agreement had already been implemented and that he could not go back on his word. She was wrong. The house had been transferred voluntarily (there was not any type of a court order/consent order dealing with their agreement) so it did not matter that the agreement had been implemented or that the house was now in her name. The fact is the husband could ask to look at the financial settlement again.

Don’t get yourself in this situation – sort out your finances at the time of the divorce and get a legally binding consent order dealing with your finances.

Many people who enquire about my services tell me they don’t need a consent order dealing with their finances because they don’t have anything to share or because they agree on everything and trust each other.  However, what they don’t understand is that, that they are risking their financial future. If you don’t have any money or property, you should get a consent order to say you don’t want anything from each other. If you have money and you can agree on how to split it, get a consent order to make sure that your ex can’t change their mind later.

Getting a consent order is not as difficult or expensive as you might imagine. Give me a call on 07967 012 006 for a friendly chat about your options. You can also email: sl@divorceconsultants.co.uk   or complete the FREE Enquiry Form

This article is for general information purposes only and does not constitute legal advice.

“Call Sonia Limbada. Trust me. You won’t regret it.”PETER