Consent order - mediation needed if already agreed?

Hi,

Me and my ex are starting the financial separation process. We have informally agreed that I will buy him out of the house which is jointly owned (I give him house valuation - remaining mortgage) and all other assets remain separate. There are no children involved, both working age and able to support ourselves, so it should be straightforward.

Is it possible for us to just enter our own values into form D81 and I take this to a lawyer who can draw up and submit a Consent Order? I accept this is not giving full financial disclosure, but if we both understand we are taking a risk that the other may not be truthful, and neither of us want anything other than the house split, does this matter?

I've been recommended to go through mediation, but this seems an expensive option if we both already agree on how to divide things.

Would the lawyer not agree to draw up a consent order without seeing background detail of how numbers have been generated? Is there a risk that it would not go through the court?

Many thanks in advance

Firstly, I assume you are married/divorced/in the process of divorcing?

You can agree values, divisions etc and apply to the Court for a consent order using the statement of information form. Whilst this is an application to the court for a financial order, it is not and application for a financial for financial remedy which is why you may £53 rather than £275. You are applying to the court to recognise and ratify your agreement.

A lawyer can draw up an order but not on the instruction of both of you. Each party must seek their own representation (or one of you seeks representation and the other can sign the necessary documentation as a litigant in person.

Alternatively sites such as this one can offer a package which takes your instructions and prepares the necessary documentation for you to submit to the court.

A lawyer will draft order order based on your instructions. If is looks reasonably fair the Court will approve it. If there are 'issues' the Court can request further information which might satisfy their request then issue the order. If the information is not satisfactory the Court may list the matter for a hearing when a Judge will ask questions and if issue the order (amended or otherwise) depending upon the answers given.

Charles

Thanks for your quick response Charles. Yes, we're in the process of divorcing and have received Decree Nisi.

What would a lawyer expect to see when drafting a consent order? Do they need a break down of the financial details, and copies of all statements, etc?

Typically a lawyer would be dealing with the paperwork on an execution only basis. This means that they won't need evidence from you and will accept what you say as regards the figures.

The statement of information form will show you what information is required. My colleagues refer to that document as a 'snapshot' of the current finances. It is used as a summary by which a Judge will assess that the proposed settlement is reasonable.

Charles

Thanks very much for your help, its much appreciated

You might want to have a look at the fixed price consent order service provided by this site Probably your most cost effective option.

Hadenoughnow