Are you and your partner looking to reach an agreement about how your finances will be divided upon separation or divorce? If so, then you need to be applying for a consent order. A consent order is a legally binding document that sets out the terms of the financial settlement between parties who are separating or divorcing. In most cases, the partners agree to a consent order that divides the finances fairly. So how long does it take to have one of these approved?
Consent Orders
In the event of a divorce, it can be easy for the parties involved to agree to a financial settlement, but until this agreement is binding there is always the possibility that one party will renege on the terms. A consent order is a legally binding agreement that ensures the terms. Consent orders are arranged by family lawyers and approved by the courts, it’s sensible to draw up an agreement and send it off as soon as possible because it can take between six and ten weeks for the order to be approved and financial terms to become a legally binding document. A consent order needs to go through the legal processes and be signed off by the relevant lawyers and individuals which can usually take time, especially when the courts are busy. This might not be a high-priority document and can therefore take weeks or months to be approved.
Faster Processing
Relationships, marriage, and civil partnerships break down for a variety of reasons, but in many cases, there is someone else involved. It might be in someone’s interest to dissolve a financial arrangement as soon as possible in order to move on with their respective lives. In this case, waiting six to ten weeks for a consent order can be frustrating and cause more stress.
Unfortunately, it is difficult to force the courts to approve a consent order sooner, especially if they are busy but it can help if both partners are on board with the agreement and their lawyers have the papers drawn up efficiently. On the other hand, it can be harder to achieve a consent order when one-half of the partnership is unwilling to agree to some or all of the terms
Order Challenges
There are several challenges that can be faced when trying to agree to a consent order. If a partner is unwilling to agree to the terms or changes their mind during the process, it can delay the order or cause the agreement to break down. There are also other issues and events that could happen. If someone in the agreement does not disclose all the relevant facts, it can cause the consent order to be invalid. Misrepresentation and undue influence are also factors in the consent order process. To avoid these issues, you should partner with a quality family lawyer with divorce experience.
Conclusion
Most couples can expect to wait approximately 6 – 8 weeks from the time their application is filed until a Final Order is granted. This timeline could however be shorter or longer depending on various factors such as the complexity of the agreement, any current court delays, and whether you have chosen to represent yourself or instruct a solicitor. In the meantime, an interim financial order may be issued in some cases. This provides a short-term solution to cover any immediate costs that emerge during the waiting period.
Once you have received confirmation that your consent order has been approved, it is important to note that there is no ‘clean break‘ until a Final Order is granted. This means that one party may still be able to make a financial claim against the other in the future, even after a consent order has been approved. So, if you and your partner are looking to reach an agreement on how your finances will be divided, it is important to understand the process of obtaining a consent order and also remember that it could take up to 8 weeks until the Final Order is granted.
It is always best to seek professional legal advice before entering into any financial arrangement and ensure that your rights are protected during this time. An experienced family solicitor can help you understand the process of obtaining a consent order, as well as provide guidance on any other financial issues that may arise during separation or divorce such as spousal maintenance or child maintenance payments. If you have any questions about applying for a financial order or how long it takes for a conditional order to be granted, do not hesitate to get in touch with an experienced solicitor who can help guide you through the process and provide peace of mind during this difficult time. Get in touch with Family Law Mediation to discuss your consent order agreement and the process.
