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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.

Divorced without consent order.

6 replies

Brummymumma · 10/11/2023 17:08

Hi,
Anyone divorced without a consent order? Thinking about getting it over and done with asap.

Is the consent order necessary?

TIA

OP posts:
Fourmagpies · 10/11/2023 17:24

It's not necessary but you are at risk of having to give your spouse any lottery winnings, inheritances etc if you don't have a financial settlement agreed and signed off.

Hermanfromguesswho · 10/11/2023 17:46

And possibly the other way I think. At risk of being jointly liable if he runs up huge debts etc

ItsReallyOnlyMe · 10/11/2023 17:51

Yes I did as it was going to be more advantageous for me this way. (My ex-husband had agreed to the financial arrangements - he had suggested them due to guilt, but my solicitor said a judge would challenge them as they were too one sided in my favour).

I took the gamble of divorcing without a consent order as the solicitor said the finances could not be challenged if he re-married. I thought that would happen fairly soon after the divorce. He did get married afterwards so all was OK.

NorthernSpirit · 10/11/2023 18:37

It’s not recommended to get the absolute before agreeing the consent (financial) order.

Without a Consent Order - a financial claim can still be made against a former spouse in the future even after several years have passed.

Gymmum82 · 10/11/2023 18:40

I definitely wouldn’t. MIL and FIL divorced near enough 15 years ago and she’s now going after half his house and half his pension. Looking likely she will get a good chunk too.
In theory he could go after hers. But she doesn’t have either.
If you bought a house years later he’d be able to ask for half. Your pension and any other assets are at risk. It’s not worth it unless you have no assets and it remains that way for the rest of your life

thelonemommabear · 10/11/2023 20:08

Really depends on your situation. But I personally couldn't risk it as i earn 4x what he does so every year my pension was worth more and more and my career has much more scope to earn a lot more too as well as much bigger family inheritance etc. I couldn't risk him coming back to make a claim years down the line. My solicitor recommended it too - he said he's sees countless clients where it's been all nicey nicey until the other party meets someone else and then all of a sudden someone is whispering in their ear about how unfair the settlement was and to go back for more....having a financial consent order stops that happening

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