Financial Remedy Consent Orders: Protecting Your Financial Future After Divorce
Reaching an agreement about finances after a divorce or the end of a civil partnership can feel like a significant milestone. Once you've agreed how assets, savings, pensions and other finances should be divided, it's natural to want to move on.
However, an agreement between you is not usually enough on its own. At Preston Redman, we help clients turn financial agreements into legally binding Financial Remedy Consent Orders, providing clarity, certainty and protection for the future.
What is a Financial Remedy Consent Order?
A Financial Remedy Consent Order is a legal document that records the financial agreement reached between you and your former spouse or civil partner. Once approved by the court, it becomes legally binding.
This means that both parties are obliged to follow the terms that have been agreed, whether that involves the transfer of property, payment of a lump sum, ongoing maintenance, or the division of pensions.
Without a Consent Order, a financial agreement is not usually legally enforceable. Even if you have agreed everything amicably, there is a risk that financial claims could be brought in the future.
Why is a Consent Order important?
Many people assume that once their divorce is finalised, all financial ties are automatically brought to an end. In reality, this is not usually the case.
A divorce legally ends the marriage, but it does not automatically end financial claims between former spouses. This means that either person may still be able to make certain financial claims against the other, sometimes many years later even if you have finalised your divorce.
A Financial Remedy Consent Order provides certainty by setting out exactly what has been agreed and, where appropriate, bringing future financial claims to an end through what is known as a clean break. A clean break means that, after the terms of the Order have been carried out, neither person can usually make further financial claims against the other.
At Preston Redman, we advise clients on whether a clean break is appropriate and ensure that any agreement properly protects their long-term interests.
When can you apply for a Consent Order?
A Financial Remedy Consent Order is typically prepared once you have reached an agreement with your former spouse or civil partner.
This agreement may have been reached through:
- Direct discussions between you
- Solicitor negotiations
- Mediation
- Settlement reached during Court proceedings
- Another form of dispute resolution
The Order is then submitted to the court for approval. In most cases, you will not need to attend a court hearing provided the judge is satisfied that the agreement is fair.
What can a Consent Order include?
Every family's financial circumstances are different, which is why every Consent Order is tailored to the individual situation.
A Financial Remedy Consent Order can deal with matters such as:
- The family home and other property
- Savings and investments
- Pensions
- Business interests
- Debts and liabilities
- Spousal maintenance
- Lump sum payments
- A clean break, where appropriate
At Preston Redman, we take the time to understand your circumstances and prepare an Order that accurately reflects your agreement while helping to safeguard your future.
What if we've agreed everything ourselves?
It is increasingly common for separating couples to reach an agreement without contested court proceedings.
While this can save time and reduce stress, it is still important to formalise the agreement through a Consent Order.
Without one, your agreement may not be legally enforceable, and there may still be ongoing financial claims between you in the future. Having a properly drafted Consent Order offers reassurance that your agreement has legal effect and has been approved by the court.
Is a Consent Order right for everyone?
In almost every divorce or dissolution of civil partnership, the answer is yes.
Even where there are limited assets or both parties remain on good terms, obtaining a Consent Order can provide valuable certainty and avoid unexpected issues later.
There are, however, situations where additional legal advice may be needed before an agreement is finalised, particularly where there are significant assets, pensions, businesses or concerns about whether the agreement is fair.
At Preston Redman, we provide clear, practical advice tailored to your individual circumstances. We will explain your options in straightforward language, answer your questions and help you make informed decisions with confidence.
How Preston Redman Can Help
Financial arrangements following separation can have a lasting impact on your future. Having experienced legal guidance can help ensure that your agreement is fair, practical and legally secure.
At Preston Redman, our Family Law team understands that every client's circumstances are unique. We combine technical expertise with a supportive, approachable service, helping you navigate the legal process with confidence and as little stress as possible.
Whether you have already reached an agreement or need advice on the next steps, we are here to help protect what matters most to you.
Speak to Preston Redman Today
If you have agreed a financial settlement following divorce or the dissolution of a civil partnership, don't leave your future unprotected. Call the helpful team at Preston Redman today to discuss a Financial Remedy Consent Order and find out how we can help you secure a legally binding agreement that gives you clarity, certainty and peace of mind.
Please note that all content on our website is subject to the terms of our disclaimer.
