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Consent order help please

  • consentorderhelp
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31 Jul 22 #519720 by consentorderhelp
Topic started by consentorderhelp
Hello

I am helping a friend get a divorce. His split is amicable and both of them agree on the financial order... which is no claim at all on any future pension earnings property etc. In fact for the most part using the simple Consent Order template on this site is all that is needed.

However...

They do own a house which is mortgaged. They have agreed to sell the house, the mortgage will obviously be paid off, then he is to take £5k from the sale and the rest of the money will be split 50/ 50. His wife can keep all the material goods in the house as well as the two dogs, a hamster and a tortoise!

Can anyone tell me how that would be worded? If you can it will save him £259 in legal fees. If not... well he will just have to stump up the cash but it does seem a bit steep for a few lines of text.

Your help will be much appreciated.

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31 Jul 22 #519722 by rubytuesday
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A Consent Order is a legally binding document that can be enforced by County Court or Magistrates Court, even High Court, for this and many other reasons a consent order must be written by a qualified solicitor. Some couples will write their own agreement and even have it witnessed thinking it will be fine, actually it isn't worth the paper its written on, it is not binding or enforceable in anyway. These documents are often very technical and include many factors most people not legally qualified would not think of, even if they did wording is very important, as with any legal document. The form for a draft order is now standardised to ensure that all orders meet the required format

In 15 or so years of being involved with Wikivorce, and advising people on family law, I know of one single occasion where a "diy" Consent Order was approved by a Judge - the litigant just happened to be a family law barrister... I've lost count of the number of times people have tried to submit a "diy" consent order and for it to be rejected outright by the Judge.

The "template" you mentioned to Consent Orders on here - those are examples of consent orders,a dn not templates - and shouldn't be used as templates. I would also advise to steer clear of any consent order templates as these have not been written specifically for your requirements.

Wikivorce do a fixed fee Consent Order for £259 - divorce.wikivorce.com/services/financial...k-consent-order.html - this includes the professional drafting of a Consent Order and legal advice on that order.

A Consent Order is a legally binding court order that is enforceable - it is important to ensure that the wording in it is correct and has been written by someone who understands the law, and knows what they are doing.

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01 Aug 22 #519724 by consentorderhelp
Reply from consentorderhelp
Thanks for the detailed reply. I guess he will have to pay £259 then and given what you have said it looks like it will be money well spent.

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