It may be a common assumption that financial remedy proceedings only take place when parties are in dispute as to the division of matrimonial assets. However, in some instances, a scenario may arise whereby parties have provisionally agreed the division of their matrimonial finances prior to seeking legal advice.

If you and your former partner have come to an agreement as to the division of your assets, or have reached a provisional agreement as to the assets that should be reflected within the agreement, our experienced team of solicitors at FisherWright will be able to assist you in drafting an agreement in the form of a Consent Order, for the approval of the Court.  Our solicitors will also be able to advise you as to whether the terms agreed between parties are indeed in your best interests, fair and ensure the best possible outcome considering the assets involved.

A ‘Consent Order’ is a formal document which outlines the financial agreement, between you and your former spouse/ partner. The content of the Order will be drafted into the body of a Court Order. At FisherWright, our solicitors will be able to draft the terms of the Order, submit the same to Court for approval.

If you and your spouse have come to an agreement as to your matrimonial finances should be divided. In order for the agreement to become legally binding, and constitute a full settlement of all financial claims aside from as specified within the Consent Order it will be necessary for a Consent Order to be drafted and filed with the Court for submission. Once the Court has considered and approved the Consent Order, the Court will ‘seal’ place the Court stamp on the Order. The approved Consent Order will then prevent your spouse from making further claims in respect of your matrimonial finances in the future.

When the draft Consent Order and Financial Information form is provided to the Court for approval, the Court will consider the terms of the Consent Order and the financial provisions outlined therein. In family law, the starting point for the division will be that assets should be divided equally and fairly between parties and the Court will need to be satisfied that the agreement is fair and there is not a large disparity between both parties. If the Court is not satisfied that an agreement has been made fairly, they could  request further information or in extreme circumstances refuse to approve the Order. It is to be noted that in circumstances where there is a slight disparity the terms of the agreement, providing that the Court is aware that both parties have had comprehensive and independent legal advice, it is likely that the agreement being approved.

At FisherWright solicitors, our experienced team of solicitors are highly competent in drafting Consent Orders and will ensure that the terms of the agreement are drafted fairly to ensure the best chances of the consent Order being approved.

Whether an Consent Order can be varied, depends on the type of agreement that has been made. Whilst it will not be possible for Orders such as a Property Adjustment Order or payment of a Lump Sum be amended, it will be possible for an Order for periodical payment or spousal maintenance, an Order for sale to be varied. If both you and your former spouse ae in agreement that you wish to amend or discharge a certain part of the Order, or you yourself wish for the provisions of a Consent Order to be varied, you may be able to make an application to the Court for the variation of the existing Order.

In considering whether an application for variation should be granted the Court will consider all circumstances of the matter, this includes the interests of any children that you my have or the changes that have occurred since the date that the original Order was granted.