The Financial Safety Net That A Consent Order Provides

• Published date: 02 January 2024
• Subject Matter: Family and Matrimonial, Family Law, Divorce
• Law Firm: Giambrone & Partners
• Author: Ms Daniel Theron

When The Divorce, Dissolution and Separation Act 2020- the "no fault" divorce - was enacted in April 2022, it was rightly hailed as one of the most significant developments in divorce law in England and Wales. This has allowed for a more amicable divorce process to take place, without some of the animosity associated with the old process.

There two parts to every divorce or dissolution, the divorce or dissolution itself and the division of finances. The new rules also brought with them the possibility of filing a joint application for divorce, as well as a sole application. One or both parties therefore need to make a statement confirming the marriage has irretrievably broken down. A joint application requires joint commitment, and when one party stops engaging in the process, this can lead to administrative issues and the other party should take legal advice.

Many married couples poised on the brink of an amicable divorce waited until the new law was enacted before actually embarking on filing for a divorce, believing that they could manage much of the procedure themselves. Furthermore, they believed they would save money on legal fees as the process was now more straightforward. It should be noted that the amendments affected the application for divorce or dissolution, and not the financial elements associated with the divorce.

In many cases, parties come to an agreement between themselves if they have decided to mutually and respectfully divorce. This can lead to the financial arrangements being dealt with less vigorously and without consideration of the possibility that the situation may not remain the same. Furthermore, this can mean that parties simply divorce and divide assets by consent, without considering a court order to confirm and regulate the agreement for division.

As the years pass by and new relationships are forged, attitudes and circumstances can change. The financial arrangements may have been satisfactory at the point of divorce however, changes in circumstances can mean one party is now in a worse position. A final order (decree absolute) does not automatically dissolve a couple's financial ties. If, over time, an ex-spouse is not as financially comfortable as they were previously, they can under limited circumstances revisit their former spouse and make a claim for financial relief.

Daniel Theron, a partner, pointed out "divorce is one of the most significant situations in a person's life, which can have ramifications for years if...