Financial Consent Order – Family Lawyers Dot Co
Financial Consent Order
If the parties reach an agreed position in respect of their mutual financial situation, that agreement should be documented. This is achieved by entering into a Consent Order. This will set out the terms of the agreement achieved between the parties and indicate the agreement reached is in full and final settlement. This means that neither party will be able to bring a claim in the future against the other in relation to the marriage. Generally speaking, the agreement should be recorded in a Court Order for a Judge to approve. This helps to ensure the agreement is legally binding.
A Consent Order can offer the advantage of the parties reaching agreement on matters that a Courts power may not allow it to make. By way of example, you may agree to remove your name from the mortgage on transfer of the property into your spouses name. You might also reach agreement on how the contents of a house should be divided.
In the Family Court, a Judge is required to endorse any Consent Order that you have reached, and they have a very broad discretion in the matter. The Judge will need to be sure that any agreement the parties have reached is fair when taking into consideration the circumstances of the case. Nevertheless, the vast majority of Consent Orders put before the court are approved.
How much is the Fixed Fee Consent Order Package?
Our fixed fee: 350
Court Fee: 45
What is included in the fixed fee?
A complete end-to-end service, from initial instruction to obtaining a Consent Order
Advice by consultation (face-to-face via Skype, telephone, email or letter)
Obtaining information from necessary to draft the document
Advising you of issues you may wish to consider
Preparing and drafting the Court Order, in consultation with your spouses solicitor if they are represented
Explaining the Order to you in straightforward language and assuring it reflects the agreement reached between the parties
Filing the completed documents with the Court
Liaising with the Court, dealing with correspondence, providing clarification and responding to questions raised by the Judge prior to his/her approval
Providing you with a copy of the Order
Regular updates by letter/email/phone/SMS
What is not included?:
Advising whether the Order is appropriate for you
Attending Court on your behalf (it is rarely necessary to attend Court if the Order is correctly drafted)
Implementation of the Order (transferring the matrimonial home or other property, Assignment of Endowment Policies etc)
The completion of Pension Sharing Annexes. We will undertake to prepare such annexes as are necessary but a charge of 50 per annex will be made
How do I get the ball rolling?
Contact us by telephone or email and one of our matrimonial team will be only too pleased to assist you. It is free and without further obligation. Our specialist staff will establish the facts with you and take some initial information that will identify the problems that you may need to face. If contacting by email, please provide your telephone number and one of our team will call you at a time that is convenient to you.
Why pay a fixed fee?
Paying a fixed fee provides you with certainty about the costs involved. If choosing not to pay a fixed fee, the alternative is to pay an hourly rate for the time spent on your case. The question is simply whether you would prefer to pay for the work that is needed or are you happy to pay by the hour for the time taken to accomplish the task?’
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