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Write Your Own Consent Order

Posted on March 6, 2008 - Filed Under Uncategorized


Who Needs It?

It is encouraging to see that many UK couples with no-fault divorces are applying for this. This consent order is also for those who are in dire need of divorce due to other less happy reasons too. If a victimized and battered man or woman wants to securely close a terrible chapter of his or her life, a consent order would help to provide some amount of legal protection against getting stalked or attacked. It is also very important for international marriage, since spouses may want to settle all matters for good, and return to the home country to forget about the bad experience of marriage by putting in the physical distance between each other. A consent order is supposed to be a weapon of justice, to prevent the absentee spouse from absconding from his responsibilities in terms of both visitation and maintenance, and getting away with it.

What should One Contain?

A consent order contains information on the financial status of both spouses, along with details of their property. It also states how they want to share other assets like computer, car, gifts, and what their future plans are about them. The tricky issue of child maintenance must also be properly covered, along with clear statements about the sharing of responsibilities.

What Happens If You don’t Have It?

There are two reasons as to why one may not be having a consent order. The spouses may fail to agree, in which case, matters will involve a long and costly court battle. Secondly, they might simply part in ‘good faith’ without having the need to draw one up, and then spend many years in disrupting each other’s lives by prolonged bickering over various issues. If your finances have not been clearly separated, your spouse might want a part of it in case he or she faces financial stress. You may have trusted your spouse to pay a certain amount every month for your child’s school tuitions, and this may never work out. You may decide to sell your car, and find that your ex will sue you if you don’t share the proceeds, since both of you still jointly own it on paper. The complications are endless. Not drafting a consent order is like refusing peace of mind on purpose.

Why Are They So Important for Certain Divorces?

Some divorces are less peaceful than others. Wherever there is a shadow of doubt as to the other partner’s intentions, a consent order should be drawn up. It is also necessary if you have children, large property, valuable assets (it can be a collection of paintings or simply the family albums), financial policies (shares, bonds, insurances etc) and other areas of possible dispute in the future. In some cases, one partner may be a typically irresponsible person, or greedy by nature, in which case, the clean break order is the best way to keep him or her on the path of justice. This is the protection that the orders provide, as they are backed by the power of law.

An Example of a Consent Order

The Family Court of ABCD, presided by the Hon. Judge Mr. X, after reading the application and all other documents attached therewith, and with it appearing that the persons concerned have received notice of the said application, and upon it appearing that Mr M has the annual income of £ XX.XX only, it is ordered that Mrs. M. will be receiving from it £ XX.XX for the rest of her life time. In the case of Mr M’s death or dispossession or bankruptcy, Mrs. M will not receive the saved amount, and will be notified of the same. The court shall take all necessary steps to enforce this order, and act accordingly regarding the property of Mr. M. (Date, Location, Name of Court Official, Consented to Mr. M & Mrs. M)

James Walsh is a freelance writer and copy editor. For more information about http://www.anti-gazumping.co.uk Anti-Gazumping measures see http://www.anti-gazumping.co.uk

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