Thursday, April 18, 2013

Any point in having a Consent Order on Divorce?

One compelling reason:

Legal finality.

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

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