Consent Order

[MuthaHoHoHubbard]

H and I split a year ago. I have done all the divorce stuff myself (without solicitor) and the nisi hearing is on 22nd Jan.

I have decided it's sensible to put down in writing everything we've agreed financially - that I won't make any claims on his pension and, as soon as I am able, will take over the mortgage (still in his name at the mo but I pay half).

Previously h has borrowed money against marital home without my knowledge and I obviously don't want that to happen again (if he hasn't already but that's a whole other story).

Has anyone done this themselves before? ie made their own consent/financial order and just signed it infront of witnesses instead of getting a solicitor to do it which will cost me a fortune? (have had to pay for divorce myself as he has no money and it was me who wanted it....)

Unfortunately if you only draw it up yourselves and get it witnessed it will not be worth the paper it is written on if one of you later decides you are not happy with the agreement.
In order to make sure the financial agreement is 100% watertight you need to have a Consent Order sealed (approved) by the District Judge in the Court where the divorce was done. The Consent Order can be quite a complicated document to ensure that all eventualities are covered and all claims (ie against his pension in respect of you and with regards to you having the house)are dismissed as if not, there is the potential that either of you could effectively come back for a second bite of the cherry. You therefore really it needs to be professionally drafted. I appreciate that it is money you don't want to spend but what price do you put on your peace of mind for the future.
Until Decree Absolute is pronounced (can be applied for 6 weeks and one day after DN) you are still legally married and therefore if something happened to one of you, the other would automatically benefit from the others estate. After pronouncement of DA the rules change so you will need to consider making wills to take effect from then as well.
If in the future, one of you (or both) should remarry, the party that has re-married would then not be able to make an application in respect of the ex-spouses financial assets (ie if you still had assets that had not been dealt with by way of a Consent Order or other financial Order of the Court)so you have a little protection there, but to be honest, I wouldn't want to run the risk. Sadly I've known a few cases where the parties thought they'd resolved all the finances amicably and then a few years down the line one has decided they didn't get a good deal and has managed to make a claim and basically change the original agreement.
If I was you I'd thrash out whatever agreement you and your ex have agreed in writing and then make an appointment to see a family lawyer and ask how much they would charge to incorporate that into a Consent Order. There would be a few other forms you and your ex would need to lodge at the Court with the Consent Order and there would be a Court fee to pay but in my opinion it would be money well spent

thanks very much for your detailed advice mumoverseas. i can see that an outlay to a solicitor now will make sense (and prob save money in the long run).

just to clarify, should I try and get this in court before the absolute is pronounced (ie after nisi hearing)?

thanks again for your advice x

Hi muthahoho----
The ideal time to lodge (sumbit) the Consent Order at the Court is shortly after the pronouncement of DN as the Court does not have the jurisdiction to make or approve any financial orders until DN has been pronounced. It is usual practice therefore to lodge the Consent Order and accompanying papers (short documents setting out both you and your ex's financial capital assets, income and pension provision and a few other details) - The name of these documents vary from Court to Court but are usually called either M1 information statement, rule 2.61 statement or Statement of Information for a Consent Order. I'm sure the staff in the County Court office could give you one of these forms and it is possible for you and your ex to complete all your information on the same form rather than complete one each. You will also need to complete a Form A for dismissal purposes. This is the initial form you would use if you were to make a financial appliction to the Court for the Court to deal with the finances. (again available from the Court office) In order for the District Judge to dismiss all your other financial claims in the Consent Order (ie your claims against your ex's pension and vice versa) you will have to have made the claims in the first instance therefore the DJ usually requires a completed Form A so that technically the claims have been made and can then be dismissed.
Usually the wording of the Consent Order takes into account that DA will have been pronounced prior to the terms of the Consent Order taking effect. I know its a bit of money to pay out now, but well worth it to know that everything is 100% watertight. Also, bear in mind that if the agreement reached is not fair and reasonable, the DJ may well refuse to approve the order and may suggest minor amendments (this is useful to protect you in case you are not getting a good deal). If I was you I'd make enquiries now with a family lawyer as bear in mind that it will take a little while to draft the document and get it approved as he/she will need to send it to your ex for his approval prior to signing and lodging with the Court. Hope this helps

thanks mumoverseas. this is the only bit of the process that i've found a bit confusing so far but you've helped but it straight for me.

thanks again, am going to jot some things down and make an appointment to see a family solicitor next week.