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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.

Do I need financial/consent order if we are not splitting any finances?

15 replies

BunsOfAnarchy · 31/01/2022 18:55

Decree nisi is approved and will be able to file for absolute soon enough.
We already sold our house and split the money in half.
We are on amicable terms and co parenting DD, custody is that she lives with me but he pays half the childcare and I do not wish to take any money from him for maintenance etc.

Do we still need a financial or consent order? We have separate finances and we don't wish to claim any money from each other and just want to keep the split as clean as possible.

OP posts:
PicaK · 31/01/2022 21:08

But you've no agreement.
He could decide he wants more of the assets later on.
And why aren't you claiming maintenance and using it for your share of childcare and other costs.

arethereanyleftatall · 31/01/2022 21:12

But who's going to pay for everything dd needs? Like all the thousands of pounds of stuff on top of childcare?

RedWingBoots · 31/01/2022 21:17

If you win the lottery in x years time he can come back, take you to Court and get some money off you.

www.dailymail.co.uk/news/article-1331925/Lottery-winner-Nigel-Page-pay-ex-wife-2m-left-10-years-ago.html

millymolls · 31/01/2022 21:18

Short answer yes
It severs finances completely and prevents either party coming back in the future

BunsOfAnarchy · 31/01/2022 21:35

Oh my some great responses.

I've seen the financial form, I'm just confused as to what to put in the table below? Is this what we have and want to split? If we have nothing we want to split will this remain empty?

Sorry, I've done this straight through court and not had solicitor involvement.
Like I said because exDH and I are on good terms, we haven't used a solicitor, even when we sold the house he gave me my share without any fuss.
I'm not claiming maintenance because although DD lives with me I'm happy with him only paying half childcare, he's happy to help when it comes to clothes/school uniform/extra curricular activities.

Do I need financial/consent order if we are not splitting any finances?
OP posts:
BunsOfAnarchy · 31/01/2022 21:43

Also, I know it says i can apply after decree nisi, but does this have to be done before I apply for decree absolute (I can apply for absolute as of Wednesday but can wait for this consent order first)

OP posts:
Chasingsquirrels · 31/01/2022 21:49

Yes you need a consent order, as per posts above.

ExH and I agreed our finances split between us.
Some time later when we got round to the divorce I summarised the details and a solicitor drew up the consent order which I sent to court (presumably with relevant forms, I can't remember). The solicitor charged £150+VAT which was ridiculously cheap (about 8 years ago).

PicaK · 31/01/2022 22:19

Why are you making a decision to deprive your daughter of money she is entitled to?

BunsOfAnarchy · 31/01/2022 22:38

What makes you think my 3 year old is being deprived of money? What makes you think she is is entitled to more?
I find your comment incredibly presumptuous and quite ridiculous if I'm honest.

OP posts:
Horseradish01 · 31/01/2022 22:40

Yes you need the financial settlement/consent order, complete the basics and then file it with a court. If it looks fair, the judge will stamp it and it’ll be done.

You can still file for the decree absolut before this, but I’d get it all done now as if things change down the line, either party can come back to the other for a share.

comfortablyfrumpy · 01/02/2022 09:55

The thing is, though it's amicable now, it could change.

What if either of you changes their mind.

If you tidy things up now, it stops either of you being able to go for more assets later on, so it protects you both. You can get a Consent Order drawn up and submitted, and that's that.

I'm surprised you don't want to claim child maintenance for your daughter. It might be that you don't need it now, but you could put it away for her for the future - in case there are expenses in future, or your own financial situation changes, or perhaps for funding uni?

Just be aware that he could change his mind on an amicable agreement at any point.

What if he moves in with someone who has other children, the amount that he would be liable to pay you would be reduced, from what he would be liable for now, but you'd still have the childcare to fund. So even though everything's amicable now, CMS might be worth considering to shore things up for your daughter.

millymolls · 01/02/2022 10:23

Well it could be that half if childcare cost is more than cms amount…..

Hoppinggreen · 01/02/2022 10:27

@BunsOfAnarchy

What makes you think my 3 year old is being deprived of money? What makes you think she is is entitled to more? I find your comment incredibly presumptuous and quite ridiculous if I'm honest.
I think your DD should get money from her father. If you don’t need it now put it in a savings account for her. It sounds all very amicable now but don’t rely on that continuing indefinitely, especially if either of you ends up in a long term relationship or has other children
KatnissNeverdone · 01/02/2022 10:36

What will happen when you no longer need childcare?

Warblerinwinter · 01/02/2022 10:36

@BunsOfAnarchy

Oh my some great responses.

I've seen the financial form, I'm just confused as to what to put in the table below? Is this what we have and want to split? If we have nothing we want to split will this remain empty?

Sorry, I've done this straight through court and not had solicitor involvement.
Like I said because exDH and I are on good terms, we haven't used a solicitor, even when we sold the house he gave me my share without any fuss.
I'm not claiming maintenance because although DD lives with me I'm happy with him only paying half childcare, he's happy to help when it comes to clothes/school uniform/extra curricular activities.

Fill the D81 in as its written- everything. If you’ve agreed not to split pensions then you can put this in consent order application as to why you’ve decided not to split and therefore don’t want to go full valuation of pension pots. But I’d be careful in not doing this- get them valued to ensure you both know what the size of that asset is. Once you’ve done D81 and written down you’re own agreement, I’m afraid you do then need a solicitor to create the full legal document called financial consent order. I asked my solicitor to do just that bit- cost me £1200 which we then split. As our asset weren’t split equally I also pressurised my ex to go to a solicitor himself (he didn’t want to spend the money) to get them to explain what he already knew about the consequences of signing it. But it meant my solicitor could put on the consent order the name of the solicitor he’d seen so the courts wouldn’t spend too much time double checking what we’d agreed to- that cost him an additional £250 I think for a single session. It just helped it run smoothly. You needed to have checked the box for finance settlement in your original application for courts to do this as part of decree f8nal- did you do that. If not I think the solicitor has to make seperate application and that means another e court cost. So get your solicitor lined up pronto- it’ll take a few weeks for them to draw up document and you don’t 2ant to delay absolute waiting on them. Tell solicitor you only want to have the. Do consent order or they’ll try to take on more and charge more. BUT , I did this at age when kid no longer dependant, both drawing pensions, no debt or mortgage etc. In your situation with a child it really sounds that you are making yourself very vulnerable. Whilst you may be able to afford your child now , what about if you lost your job, or became too I’ll to be their main cater, or when you’re buying their 3rd set of clothes in a year due to growth spurt, or university maintenance costs? It sounds a pretty risky thing to be agreeing to. Start with D81. But then write out a rough budget for now, when they reach 5 years old, 11 years old, 16 years old, 18 years old (uni) and make sure you include all costs- make sure what you agree will cover this.
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