Thursday, April 18, 2013
Any point in having a Consent Order on Divorce?
What are the problems if I don't have one?
Your ex spouse can come back at any time in the future and make a claim against you, regardless of how much money you have given them to go away, regardless on how fair your agreed division was.
A recent case where the couple had been divorced over 10 years and the husband won the lottery resulted in him having to make a lump sum payment to his wife.
If you remarry without opening your claim (ie you are the Respondent to the divorce and do not defend nor issue a financial application) you lose all rights to make a claim on your own remarriage.
What's the problem with that? There was a case last year where the husband was due to receive a share of the matrimonial assets and remarried before the Consent Order was sealed by the court and lost his rights to his share.
I explain what a Consent Order is here
What is a Consent Order?
We offer a fixed fee service here
Fixed Fee Consent Order