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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.

Consent order and final order confusion / timings

7 replies

halfmyface · 06/02/2024 13:56

I should know this, I have a solicitor, I've read lots but am confused today!

I am now looking at being able to get the equity cash from him (6 figures) which I could really do with as absolutely skinted myself buying my new place and it needs a tonne of work. Mediation was completed and agreed last summer but he's only recently taken financial / legal advice so everything stalled.

My solicitor is advising that I hold off getting the cash until the consent order is approved - assuming he can agree the last figure I need in there we should be able to get this agreed and drafted next week.

Obvs, the consent order has to go to court - how long do these take to approve? And can I apply for that and the final order in parallel? Do I have to wait for the consent order before applying for the final order (which I can do at the end of the month)?

The split is marginally in my favour (55/45) so I can't see why it'd be knocked back, he's getting the fmh which when the mortgage is paid off will be worth way more than my new place, I get my new place, another property currently held in trust and my share of equity from the fmh in the form of cash and 20% of his pension.

Thank you for any input!

OP posts:
Appleofmyeye2023 · 06/02/2024 20:58

I can explain in old terms, as per process in June 2021. Obviously terms are changed- but I believe process is same in England and wales still

so, we wrote our consent order, solicitor crated legal draft officially form that, , we filled in financial declaration forms etc before the Decree NISI (interim order?). Everything ready but not dated. Forms sat with my solicitor with all signatures.

once we got Decree Nisi, I instructed my solicitor to upload forms onto the court website. In those days petitioners couldn’t access that part of system , only solicitors, or we could have used snail mail ourselves and I didn’t want to risk paper work going missing in post. So paid solicitor to upload direct. She post dated forms and uploaded. Confirmed court now had them

(NOTE: if uneven split you will be well advised to show you’ve both had legal advice on implications of what you’re signing before you sign. The consent order can include names of both solicitors. You only ned 45 mins or so with solcitor if you’re already happy with what you’ve both agreed)

the decree NISI (interim) granted was very earliest you could submit the documents to the court.

at time we only had to wait 40 days for decree absolute (law now changed to 26 weeks I think) , so waited until email prompt to say i could now apply for that.

at 40 days I applied. The decree absolute came through in a couple of days with the “sealed” consent order at SAME time. We really didn’t wait long for our court, but I understand form these threads some courts take longer to grant decree absolutes after applications.

my understanding is the court will review the consent order and financial declaration at some point in that 40 day wait (cooling off) period so they’re ready to go with sealing immediately.

I have heard some people say they had to wait a day or so more after decree absolute (final order ) but it isn’t always case

BUT: you do need to be careful you’ve checked the box in the original petition to say you want the court to make a financial order at SAME time. I found that confusing as I wanted the court to merely seal the consent order we’d made, not make their own financial agreement for us. But, it transpires you still need to tick it to say you want them to seal it at same time.

best advice?

Go to link in header to ADVICE NOW guides. They explain process and triggers and timings. Download and read. They’ll be up to date based on new process.

the other place is the government divorce site- I found them pretty helpful.

I do remeber having to draw out the whole timings piece with my ex on a large flip chart for us to try to make sense of it using the ADVICE NOW guides, so can understand it isn’t clear immedately 🙄🤷🏼‍♀️

2022NewTimes · 07/02/2024 18:33

@halfmyface - I sent off the final consent order recorded delivery 27/03/2023. I received approval of the final order dated 25 April 2023 on 28 April 2023. Filed online for final order that evening of 28 April 2023 and confirmed received Final order was granted three hours later
I would wait until you get the approval of the consent order before applying for final order.

2022NewTimes · 07/02/2024 18:56

@halfmyface I sent off the final consent order recorded delivery 27/03/2023. I received approval of the final consent order / financial order dated 25 April 2023 on 28 April 2023. Filed online for final order that evening of 28 April 2023 and confirmed received Final order was granted three hours later
I would wait until you get the approval of the consent order before applying for final order.

ZippyLion · 08/02/2024 15:40

I would personally wait until you have the consent order sorted before getting a final order, just because it's easier to ensure you have the clean break that way.

halfmyface · 09/02/2024 16:18

Thank you for advice, helps me a lot. I need to focus on getting his figures for the consent order next week then!

OP posts:
WeDeserveBetter · 09/02/2024 17:53

I applied for my Consent Order November 23 took exactly 4 weeks. You can apply for the Final Order without dealing your finances but it is not recommended.

FAadviser · 27/02/2024 20:14

@halfmyface did you draft the consent order yourself or get this done via solicitor? I sent mine off early Feb and didn’t do recorded (now I realise I should have done) but have heard nothing at all.
I simply drafted it, agreed with husband and posted form A and the other one along with date for our conditional order.
so many posts have suggested using a solicitor and I can’t be bothered to pay

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