Sarah Tsindides explains why it is important that a financial settlement in divorce proceedings is recorded in a consent order.
When a financial settlement is reached in divorce proceedings it is important that this is recorded within a consent order. This will ensure that all claims that both parties can make against the other are fully resolved and the terms are embodied within the consent order. Once approved and sealed by the court they become enforceable upon Decree Absolute (final decree) being granted.
Therefore if one party refuses to comply with the implementation of the order the other party can apply to the court to seek enforcement and the application can include asking the court to make an order for costs against the offending party.
It is therefore beneficial to both parties that a consent order, to reflect all terms of a full and final settlement, is put in place before Decree Absolute is granted.
Without this neither party are protected. Either party could apply to the court for a further order in relation to the matrimonial finances even if the parties have already agreed to the division of net proceeds of sale or a transfer of the marital home to the other party.
MORE INFORMATION If you would like more information please contact our Family Law Department on 01708 229444 (Upminster or Hornchurch), 01277 211755 (Brentwood office) or 01702 418433 (Leigh-on-Sea). We offer a free initial 30 minute consultation for all new family law enquiries. You can book your free initial family consultation using our online booking form or by calling your local office. This 30 minute appointment will allow you to explain the situation with an expert lawyer and discuss the best steps to minimise delays.
This article was written by Sarah Tsindides, a family lawyer based at Pinney Talfourd Solicitors’ Upminster office. The contents of this article are for the purposes of general awareness only. They do not purport to constitute legal or professional advice. Specific legal advice should be taken on each individual matter. This article is based on the law as at November 2016.