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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.

Original poster

Financial Consent Order Processing Time

164 replies

Jonathan70 · 09/02/2024 12:47

Consent order has been submitted via online portal. Anyone submitted theirs recently and can give an idea of current processing times? I know it depends which Court deal with it but would be good to get a idea…Thanks.

OP posts:
Original poster
Jonathan70 · 20/02/2024 22:27

I agree, and good for you!
I just wish it were a system which enabled both parties to simply provide a full disclosure, with relevant additional information, then a judge just give a couple of fair scenarios and the parties decide which one suited them the best. Instead people waste thousands in mediation, via solicitors etc and often don’t end up with a fair or equitable scenario.
All the best to you too - I hope it’s over soon!

OP posts:
Jenny876 · 20/02/2024 23:14

Jonathan70 · 20/02/2024 22:27

I agree, and good for you!
I just wish it were a system which enabled both parties to simply provide a full disclosure, with relevant additional information, then a judge just give a couple of fair scenarios and the parties decide which one suited them the best. Instead people waste thousands in mediation, via solicitors etc and often don’t end up with a fair or equitable scenario.
All the best to you too - I hope it’s over soon!

Completely agree, that system would be so much easier on so many people but hey ho, it is what it is 🤷‍♀️

All the best 😊

indianwoman · 21/02/2024 07:02

If it's unfair to you the judge might not sign it off. It's hard to stay in control and pensions seem a long way off but if you can get more it will be worth it when you are retired.

Jenny876 · 21/02/2024 10:19

indianwoman · 21/02/2024 07:02

If it's unfair to you the judge might not sign it off. It's hard to stay in control and pensions seem a long way off but if you can get more it will be worth it when you are retired.

Yes I realise that but I am able to build up my own pension pot as I am a professional and can go back to work- my ex will not budge on this and will drag this on as long as he can (just because he can). Money isn’t important to me, never has and never will, my own sanity and happiness and that of my children are the important things in my life. Don’t care about his pension- if it’s his hill to die on then let him. I’ve got better things to do and think about

indianwoman · 21/02/2024 13:34

Fair enough!! I wish you luck :)

AMuser · 22/02/2024 22:45

Just to say I got mine approved no changes today. Submitted 20/12 - referred to judge 04/01/24. All done and dusted.

Original poster
Jonathan70 · 23/02/2024 09:31

Congratulations! Thanks for the update.

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WeDeserveBetter · 23/02/2024 12:49

My consent order was originally rejected due to being unfairly weighted in my favour (I had the largest share of equity and kept the whole of my occupational pension). We both had to write why we were happy with this split and had the opportunity for legal advice and it was cleared second time. The D81 does not allow for any kind of explanation

Original poster
Jonathan70 · 23/02/2024 14:54

The D81 I filled out had a part (section 13) which said to explain the main reasons for the division of assets - you can give a reason here if it is not an equal split- and there are other boxes where you can write any other relevant factors.

OP posts:
Jenny876 · 23/02/2024 15:51

Jonathan70 · 23/02/2024 14:54

The D81 I filled out had a part (section 13) which said to explain the main reasons for the division of assets - you can give a reason here if it is not an equal split- and there are other boxes where you can write any other relevant factors.

You can yes but it’s not big enough of a space to go into much detail. That was my experience with it anyway 😊

Jenny876 · 23/02/2024 15:52

WeDeserveBetter · 23/02/2024 12:49

My consent order was originally rejected due to being unfairly weighted in my favour (I had the largest share of equity and kept the whole of my occupational pension). We both had to write why we were happy with this split and had the opportunity for legal advice and it was cleared second time. The D81 does not allow for any kind of explanation

Hi. Thanks for posting this, I am glad yours got cleared. I am hoping mine will get cleared second time given the explanations given by both my and my ex.

Original poster
Jonathan70 · 23/02/2024 16:58

@Jenny876 Hopefully yours will now go through, like @WeDeserveBetter. It’s good to hear that some go through once both have given further details.

OP posts:
WeDeserveBetter · 24/02/2024 18:11

I applied for my consent order on 28/11/23 and questions 2 weeks after and granted 28/12/23. Applied Final Order 25/1/24 and that was granted 5/2/24
Waiting for the consent order was the worst time but reading some of the recent threads about long separated couples who did not get finances sorted it is worth all the pain to know you are finally totally free.
My divorce took 2 years due to getting the finances organised but it has been worth all of the stress to know I am now free, I now don't need to keep him happy and can tell him exactly what I think of his behaviour (an amazing feeling)
Keep going everyone!!!

Original poster
Jonathan70 · 24/02/2024 18:34

Thanks for that and glad you are all done! Seems like they are coming back faster than what the divorce office are suggesting, although a lot seem to have questions. What did they want clarified on yours? @WeDeserveBetter
Thanks again

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DevonCream · 24/02/2024 23:23

Similar situation re division of assets but we are currently not planning on getting a consent order. We trust each other. Splitting house equity 65/35 to me. I get my work pension ringfenced. His decision He doesn't have one.. he will most likely come into huge inheritance from his v wealthy parents in next 10/15 years so has always seen that as his pension. House currently for sale and hoping that could sell and we split equity before divorce finalised. Waiting to be able to sign conditional order. It's doable with no consent order, if you agree on everything, isn't it??

Jenny876 · 25/02/2024 07:51

DevonCream · 24/02/2024 23:23

Similar situation re division of assets but we are currently not planning on getting a consent order. We trust each other. Splitting house equity 65/35 to me. I get my work pension ringfenced. His decision He doesn't have one.. he will most likely come into huge inheritance from his v wealthy parents in next 10/15 years so has always seen that as his pension. House currently for sale and hoping that could sell and we split equity before divorce finalised. Waiting to be able to sign conditional order. It's doable with no consent order, if you agree on everything, isn't it??

It is much better if you can do everything between yourselves but generally speaking trust is gone between the couple when yhe relationship is over and you get to divorce stage. Also some people are scared that their ex is going to contact them in the future wanting more money, that’s why it’s best to have a clean break with the consent order - it just gives that security and peace of mind. Plus it’s a court order so both parties must abide by it- some people make division if asset plans but then don’t actually stick to it.
hope it all works out best for you 😊

Original poster
Jonathan70 · 25/02/2024 19:50

@DevonCream exactly as @Jenny876 said - better to get an order for peace of mind. Especially if you’re both in agreement so it should be easy. You never know what will happen in the future. A friend of mine separated and divorced with no consent order nearly 20 years ago. Kids were all under 5. They agreed that she’d stay in the family home and use his share of equity/he would remain on mortgage and he, the higher earner, would rent elsewhere but would pay no other child maintenance etc for the three kids. Neither had a pension. She trusted him and he her - she didn’t put in a claim for CM or ask for anything else. Fast forward 20 years, he has new relationship etc and last year, as their mortgage was coming to an end, he put in a claim for his half and he’s just got it because legally, it’s his right to have it. She and the children who were still living at home are now sofa surfing and looking for rented accommodation because she cannot raise enough of a mortgage to buy. If they’d sorted it at the time she would have probably got 60/70 % of the equity (as she has had the children the majority of the time, worked part time back then to look after the children and has been a lower earner since) and he’d have been paying maintenance for 3 children throughout.

OP posts:
Jenny876 · 25/02/2024 19:54

Jonathan70 · 25/02/2024 19:50

@DevonCream exactly as @Jenny876 said - better to get an order for peace of mind. Especially if you’re both in agreement so it should be easy. You never know what will happen in the future. A friend of mine separated and divorced with no consent order nearly 20 years ago. Kids were all under 5. They agreed that she’d stay in the family home and use his share of equity/he would remain on mortgage and he, the higher earner, would rent elsewhere but would pay no other child maintenance etc for the three kids. Neither had a pension. She trusted him and he her - she didn’t put in a claim for CM or ask for anything else. Fast forward 20 years, he has new relationship etc and last year, as their mortgage was coming to an end, he put in a claim for his half and he’s just got it because legally, it’s his right to have it. She and the children who were still living at home are now sofa surfing and looking for rented accommodation because she cannot raise enough of a mortgage to buy. If they’d sorted it at the time she would have probably got 60/70 % of the equity (as she has had the children the majority of the time, worked part time back then to look after the children and has been a lower earner since) and he’d have been paying maintenance for 3 children throughout.

That’s so sad and must be really hard and frustrating for them. To have all that trust gone after all that. I hope they get things sorted soon and be stable and happy again. Nothing is more important than that- money will always come and go but peace and security is gold

DevonCream · 25/02/2024 21:56

That is awful... does anyone know how much a consent order costs pls? I know deep down it's a good idea but I / we just can't afford it, I don't think.

Re the house, we are selling anyway and splitting equity asap to buy new places separately. So he can't claim on that at a later date. No other assets except for my work pension. I'm calling them tomorrow to get his name taken off it as the person to benefit if I die...

Would a judge force me to share my pension even if Ex DH clearly said he didn't want it? Similar with the split of the house?

Original poster
Jonathan70 · 25/02/2024 22:24

He can claim on a new property of yours if there’s no consent order, as can you on his. That’s the problem.

They can force pension sharing if they don’t feel it a fair and reasonable split of the assets based on all the factors.

I think that you can get a consent order drafted fairly reasonably - search on here, there’s lots of people who have done so.

OP posts:
Original poster
Jonathan70 · 25/02/2024 22:25

They could suggest a different split of equity if you’re keeping pension etc to make it more equitable. All depends on the whole picture.

OP posts:
DevonCream · 26/02/2024 08:33

Jonathan70 · 25/02/2024 22:24

He can claim on a new property of yours if there’s no consent order, as can you on his. That’s the problem.

They can force pension sharing if they don’t feel it a fair and reasonable split of the assets based on all the factors.

I think that you can get a consent order drafted fairly reasonably - search on here, there’s lots of people who have done so.

Think I'm more worried about judge would try to force me to hand over more equity/pension than I am of him coming for any of it in later years!

Original poster
Jonathan70 · 26/02/2024 21:02

@DevonCream it seems that most go through even if there are questions initially - if both parties confirm they agree and understand the order.

OP posts:
DevonCream · 27/02/2024 14:43

Jonathan70 · 26/02/2024 21:02

@DevonCream it seems that most go through even if there are questions initially - if both parties confirm they agree and understand the order.

My thinking is that for me it's weighing up risks. The risk of not doing a consent order vs the risk of him taking legal advice if we do, and being advised the best thing is for him to go for 5050 and claim half my pension. Which he might decide to do. But at the moment, hasn't.

Original poster
Jonathan70 · 27/02/2024 15:21

I suppose it would take away the worry that he could go for that at any point in the future though. At least you would know sooner rather than later if you did have to share it or give more equity away - and it’s very likely that it would be agreed as it is. I listen to the Legal Queen podcasts and there are regular call ins with people who haven’t got a financial order who have exes making their claim on pensions and property years down the line. My house is due to exchange and my solicitor has insisted we wait until the order is sealed.

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