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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33810
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I have recently submitted Form A to the Court,

Customer Question

I have recently submitted Form A to the Court, for financial settlement for my divorce. Having reached an agreement with my ex, I would like to convert to a Consent Order. Is this simply a matter of sending in the consent order (included in my divorce package), or is there further work required due to the Form A in the system?
Documents are due with the Court in January, and I no longer wish to pursue the matter, just resolve it.
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question. I am a qualified family law solicitor.
As you are now agreeing to a consent order and settling matters you will need to fill in a D81 form (one for you and one for your ex-spouse) which accompanies the consent order - the D81 sets out briefly both of your financial positions. The consent order will need to be amended to specify the terms of agreement you have agreed and I highly advise that you obtain independent legal advice before signing the agreement and consent order.
When is the first appointment? As it may be better for you to wait until the first appointment so that the consent order can be considered on the day and the judge makes a decision and if there are any questions they can be clarified in person. Furthermore, having the proceedings on-going will protect you as if the agreement falls through you do not have to pursue a new application or start the process again.
In relation to the directions to file evidence in January, if agreed with your ex-spouse you can send a consent order to the court to delay the time to serve the documents, whilst you finalise the consent order.
Please let me know if you have any further questions regarding this.
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** I have been a family lawyer for 30 years.It is good news that you have reached an agreement with your ex and it would indeed be sensible to avoid the rest of the process and any Court Attendance.You need to have the Consent Order drafted and then you can simply send it to court - with the D81 and the fee of £50.Assuming that the Order is fair in the eyes of the Judge then it will be sealed and returned to you and this will be the end of the matterPlease ask if you need further details
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33810
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you for answering Clare.
I have a further question.
Firstly, I was the petitioner of the divorce, and all of the boxes for financial settlement were ticked.
I have issued Form A, and have been given orders for when to have documents with the Court, and the first hearing date has been given as the end of January.
I understand that it was essential to commence proceedings for financial settlement, in order to avoid the remarriage trap.
The DA was issued in October, and my wedding is in mid-January, which is before the date of the first hearing.
Please can you advise - am I currently safe from the remarriage trap, as proceedings have commenced?
Do I need to panic about getting the consent order sealed before the wedding (neither of us would be getting anything from the other, so I am confident that there would be no issue with signing anything, nor with the judge rejecting the order)?
Expert:  Clare replied 1 year ago.
Have you actually reached an agreement?
Customer: replied 1 year ago.
Yes we have. There is no property, and we will retain our own pensions, debts and savings. There aren't any assets worth fighting for.
I have a managed divorce package through 'Divorce Online', and their solicitor can draw up the consent order.
I will ignore that package and engage a solicitor just to deal with the consent order if necessary. I am nervous about the remarriage trap, and time is extremely short if I need to address the matter before my wedding.
Customer: replied 1 year ago.
Do you need any more information Clare?
Many thanks
Expert:  Clare replied 1 year ago.
My apologies for the delayIs there any reason why the Consent Order cannot be dealt with immediately?
Customer: replied 1 year ago.
No, it can be dealt with immediately.
My only concern is whether it can go through the company with whom I have a managed divorce, which may take a little longer (but would possibly be fine, because I am protected from the remarriage trap due to proceedings already ongoing?); or whether I need to rush through a consent order so that it is sealed before my wedding, which might involve a solicitor filing it at Court in person?
Obviously I wish to resolve the matter as soon as possible.
Many thanks
Expert:  Clare replied 1 year ago.
Since you have already issued proceedings you are to a greater extent protected but given that you are in agreement and it is the simplest of Orders there is no reason for delayYou can actually adapt the draft here yourselfhttp://www.wikivorce.com/divorce/Financial-Settlements/Financial-Settlements/Consent-Order-Typical-Example.htmlYou then get that and a form D81http://www.jordanpublishing.co.uk/system/redactor_assets/documents/813/D81.pdfsigned by both of you and send it to the court (he order in triplicate) with the fee of £45
Customer: replied 1 year ago.
Many thanks Clare.
I have had a look at the links that you provided, and am a little nervous about drafting the consent order myself.
If I would like for you to draft the consent order for me, do I need to open a new question, or am I able to ask for a quote please?
It would be for all assets in sole names to be retained by each party, all debts in sole name to be retained by each party, no pension sharing, and a clean break. Would you need any further information please?
Many thanks, ***** ***** been incredibly helpful.
Nicky
Expert:  Clare replied 1 year ago.
Hi NickyI will try and look at this to night if that is ok - this afternoon I have a date with fairy lights..... there may be bad language involved.Clare
Customer: replied 1 year ago.
Many thanks Clare. I hope the fairy lights went well!
Looking forward to your reply.
Many thanks
Nicky
Expert:  Clare replied 1 year ago.
The fairy lights won lolIN THE xxxCOUNTY COURT No of MatterxxxxB E T W E E N:xxxx Petitionerandxxxxx RespondentCONSENT ORDERUPON the petitioner and respondent agreeing that the provisions of this order are accepted in full and final settlement of all financial claims and claims in respect of any property whatsoever which either may be entitled to bring against the other howsoever arising.AND UPON both parties agreeing that the contents of the former matrimonial home xxxxxx shall remain the absolute property of the party in whose possession they now are. AND UPON both Parties agreeing that neither of them has any legal or equitable interest in property or assets owned by the other save as provided for in this order.BY CONSENT it is Ordered that:1. The Respondent being deemed to have made a claim both Parties claims for financial provision and property adjustment orders do stand dismissed and neither the Petitioner nor the Respondent shall be entitled to make any such further application in relation to their marriage under the Matrimonial Causes Act 2073, s 23(1)(a) or (b).2.Pursuant to the Inheritance (Provision for Family and Dependants) Act 2075, s 15, the court considering it just so to order, neither party shall be entitled on the death of the other to apply for an order under s 2 of that Act3. There be no order for costs.Please feel free to ask me to check the draft again if you need me to!Clare

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