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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Help! Financial order or consent order?

11 replies

gorngss · 15/06/2021 19:19

I'm filling in my divorce application form and they ask if I want to apply for a financial order. I understand the difference as they've explained it, but I don't know what to do at this stage. I want to try for a consent order first, and if that doesn't work out (cos we don't agree on financial split) then apply for a financial order. So if I say consent order here does that mean that's all that's open to me?

(Sorry if stupid question!)

OP posts:
millymollymoomoo · 15/06/2021 21:28

You need to apply for a financial order- that will firm ultimately a final consent order

Kimonolady · 15/06/2021 23:01

You should tick the box about applying for a financial order, so that you have effectively kept that door open (and signalled to the Court that there might be financial remedy proceedings in the future.)

Then, you and your ex are free to either (a) come to an agreement yourself or (b) go through the courts.
If (a), you simply lodge a consent order at Court.
If (b), you will need to make a separate application to court (on Form A) to start finance proceedings. Simply ticking this box on your divorce petition isn’t enough on its own.

Hope that helps!

gorngss · 16/06/2021 17:49

Thank you so much ladies (if you are ladies), especially Kimonolady for explaining so nicely Flowers

OP posts:
Febo24 · 25/06/2021 07:09

Thanks for this, I'm stuck on the and question so it makes sense, it doesn't 'do' anything action wise but there if I need it.

Febo24 · 25/06/2021 07:10

Did you tick for you and children or just you?

gorngss · 25/06/2021 22:02

I ticked for children also cos I thought maybe for child support? Confused I figured if it's similar to previous I could just say nope not needed if I don't

OP posts:
J208R · 29/06/2021 18:53

I'm seemingly at similar stage to you on paper between us we have agreed finances etc but ticked box case need it and things change going forward. Quick question are you using a solicitor or doing consent order yourself? Do you know can it be done yourself ? Loathed to pay for solicitors for soemthing we have agreed on

Febo24 · 30/06/2021 20:43

Someone else asked this and the consensus was it was best left to the professionals.

J208R · 01/07/2021 05:45

Thanks

Soppyseptember · 04/07/2021 20:23

Oh this has completely thrown me. Me and ex are in process of completing the consent order draft.

What is this financial order? Is it different? Should we be doing this and not a consent order. Feeling so muddled about it all.

MrsBertBibby · 05/07/2021 22:54

A consent order is just a financial order reached by agreement (consent) as opposed to being ordered by a judge after a contested hearing.

It is always advisable to get advice from a family solicitor before finalising your consent order.

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