Consent Orders, separations deeds. Newcastle Solicitors.
Emmersons Solicitors Newcastle. When you separate from your spouse or civil partner you will need to reach an agreement about your finances. You can have a Separation Deed prepared which sets out the agreement you have reached. This may be suitable for couples who do not wish to divorce, eg. for religious reasons. It may also be suitable for a couple who cannot divorce yet. If you have simply fallen out of love then there are no immediate grounds for divorce. Under those circumstances you would have to wait at least two years, from the point that you separate, to begin the divorce process.
Whilst a Separation Deed is a way of recording your financial settlement, it is not as watertight as a Consent Order. The reason for this is two fold; it is only an agreement reached between you as a couple. Unlike a Consent Order it has not been checked and authorised by a court. It can be usurped by a later Court Order if one party decides that the deal reached is no longer suitable.I have seen cases where one party later changes their mind about the settlement and re-opens negotiations at the point of divorce.
[Tweet “Do I really need a Consent Order. Read our Family Law Blog.”]In one case a lady was desperate for our client to leave the matrimonial home. He was about to receive a large redundancy payment and wanted to keep as much of this as possible. His wife rather generously said that if he agreed to leave the house and sign it over to her she would let him keep his savings, his valuable pension and his redundancy payment. The couple were not in a position to finalise their divorce. Therefore the wife suggested a Separation Deed. Our client was desperate to sign on the dotted line despite my fears that this was going to backfire. Against my advice he signed thenSeparation Deed and signed the house over to his wife. Fast forward five months and our chap was back.
His wife had now issued divorce proceedings and was seeking a share of our client’s pension and his redundancy payment. Sadly for our client she was successful on the pension front. Our client should have waited before signing over the house and moving out.
Time and time again clients seek help from Emmerson’s Family Law Department having previously signed over the matrimonial home to their spouse. A common refrain is “I gave my wife the whole house and all of the contents. She said that she wouldn’t seek anything else from me but now she’s after my pension and maintenance”.
The whole point of a Consent Order is that the couple each receive independent advice from their own solicitor. Having specialised in family law for twenty four years I know how to negotiate a decent settlement for my clients. This would take into account the needs of the couple and any children, any debts, all assets including the matrimonial home, investment properties, savings, inheritance money, business assets and pensions.
If you can negotiate a Financial Settlement with the help of your solicitor then, after Decree Nisi has been pronounced in your divorce, we can send your Consent Order to the court. If the judge thinks that the settlement reached is fair then he or she will seal it. Usually the order provides for a clean break, that is neither you nor your ex spouse can make any further claims against one another in the future.
The only way to fully protect your long term financial future is to avoid signing over property or giving lump sums of money to your spouse until you have a final court order.
If you need help with your divorce or separation, then why not contact us for a Next Steps Divorce Advice Session and to see how we can help you. We can be contacted on:
Family Law Specialists Solicitors Newcastle: 0191 284 6989
Family Law Specialists Solicitors Sunderland: 0191 567 6667
or email us: enquiries@www.emmersons-solicitors.co.uk
Or complete our Online Enquiry Form and select Family Law
Nine Reasons Why You Should Instruct a Solicitor To Handle Your Divorce – (and the pitfalls of a Do-It-Yourself Divorce) Free eGuide.
We are frequently asked about the value of instructing an expert solicitor to handle a divorce. We have put together this useful guide which will answer many of your questions. If you are contemplating a divorce or separation, and wondering whether you need a solicitor to assist you, then our guide will help you to decide.