Write Your Own Consent Order

Consent Orders/Clean Break Agreements

The decisions they finalise upon are drafted into an agreement by the solicitor and signed by both the partners. The agreement explicitly states that the decision reached between the partners is final and they shall not make any future financial claim on the other.

The couple also fill in a ‘statement of information.’ and submit it along with the consent order. This statement contains the details of the income they earn, the investment they made, their place of residence and their future plans pertaining to remarriage.

The statement of information is sent along with the consent order to court. The court reviews the agreement and rubber stamps the ones they are satisfied with. Some agreements however, seem lopsided and appear unfair. Such agreements are sent back, unstamped. Either the solicitor is required to furnish further details, or the couple has to attend the court to provide clarifications.

Consent orders or clean break agreements are needed by:

Couples, who have decided to divorce, but the proceedings are yet to begin
The financial matters have been decided upon, but the exact division of finances has not taken place
Both the marital partners want an equitable distribution of the finances
And, finally, those partners who want the agreement to be final and want no future financial dealings with each other

Contents of a Consent Order

Consent order contains the agreed amount of financial payment to be made by one partner to the other
The decision reached regarding the transfer or sale of the matrimonial home
Details of division of joint savings, cars, expensive paintings, jewellery and other assets of value
Decisions regarding sharing of pension funds, insurance money, etc.
And, finally, a confirmation that the agreement entered into is final

Necessity of a Consent Order

Consent order performs the role of an agreement between two divorcing partners and contains vital information regarding payment of child support and other financial agreements entered into. If one of the partners fails to adhere to the stipulated conditions, and stops paying child support money, the other can go to court to enforce the agreement.

Consent orders also function well in such likely scenarios. Two divorcing people may not have much capital or savings. However, there is a vast disparity in their earning power. One spouse may be paying maintenance money to the other. After the divorce, if the ex-spouse, (either the husband or the wife) receives a substantial amount of money by inheritance, the other party can go to court, to claim a share in the fortune. The existence of consent/ clean break orders prevents such an occurrence.

Protection Offered by Consent Orders

Future financial claims lead to acrimony and court battles. This deeply affects the relationship between the ex-spouses. Existence of consent order helps maintain an amicable relationship. This is important for the welfare of the children as both the partners jointly parent after divorce.

An Imaginary Consent Order

This is a consent order entered into between a couple who had no children, and had terminated a marital life that lasted just a couple of years. As both of them were teachers, their individual earning capacities were similar and neither had accumulated much capital during their short marital tenure.

This is a consent order entered into, between Mr. Jack Holmes and Mrs. Violet Holmes on the date 22.06.2007:

Mr. Jack Hall and Mrs. Violet Hall have agreed to equitably divide all the items of value they possessed.

Mrs Violet Hall would retain the gold jewellery, while the paintings and silverware would be taken by Mr. Jack Hall.
The car they had purchased jointly would be put up for sale and the proceeds would be equally divided.
Their joint account that contains a balance of £ 10,000 would be equally divided between both the partners.
This agreement entered into is final and no party shall make a claim on the other at any later date in the future.
The agreement ends with the signature of both the marital partners.

Couples who are deciding to divorce should enter into consent or clean break orders. This ensures the long term cordiality of their relationship.

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