Consent

I know this has been asked before but I would like to be clear:

We have been separated three years. All amicable. Home sold and proceeds split. No maintenance. She has new partner. Could have taken some of my pension but agreed not to.

We want to get divorced now and I am worried that if we do not cross out the Ancillary Relief bits then we could get very bogged down in legal detail on pensions etc and the judge might not agree with what we have agreed.

Any thoughts?

Bangy (Hell of a name that - conjures up some images... ),

The Ancillary Relief bit is kinda immaterial. Whichever way you go, you both NEED a Consent Order, to protect you form future claims by the other party and to formally separate your finances.

Whether that is arrived at through ancillary relief or through negotiated settlement, it still has to be rubberstamped by the judge.

If it seems to the judge that it is particulary inequitable to one or other party, he will punt it back.

So best approach is to agree settlement, both seek independant legal advice, have the consent order drawn up by an experienced practicioner (who will know what works and doesn't work) and get it into court.

Different judge, different day, different result.

As long as it is reasonably fair to both parties, should whizz through and come into force on Decree Absolute.

Hope it helps

Mike

Thanks. Especially for your quick and helpful reply, If we go for a consent order, will we still need to declare all our finances? My only problem with that is just the shear effort it will take - with some of my pensions being very small and saying they might take months to provide a valuation? I would like everything signed off as soon as possible.

Secondly, I thought if we crossed out the Ancillary Relief we did not HAVE to go for a consent order - albeit that would leave open risks later on.

Bangy,

If you are in agreement and all is clearcut, then you should have no probs.

I would caution you about this case, if you are thinking about not going for a consent order:

www.telegraph.co.uk/news/uknews/1555877/...s-after-divorce.html

Of course, 'it would never happen to me'....Would it?

The independent legal advice I mentioned in the previous post is vital to ensure that at some time in the future one or other party cries 'foul', claiming that they didn't KNOW what they were signing.

Likewise if there is a situation where there has been a material non-disclosure by one party, the other can apply to have the consent order overturned and it is all back in the open again.

A couple of minor pensions COULD mount up to a lot of money in several years time.

Better to do it properly and just the once methinks.

If you are in agreement now, great - go for it. It is funny how some 'amicable' divorces can turn VERY nasty much much later.

Hope it helps

Mike

OK last question for now, to help me clarify, are my choices as follows:

Do not cross out Ancillary Relief bits of the Petition and let lawyers sort it out

As above but then complete a consent agreement which need not involve lawyers. In this case, do we both need to fully disclose our finances?

Cross out ancillary relief and not do anything about financial issues - but this will leave us both open to everything being re-opened at some time in the future?

Ta

Ian