You must make sure that you take these steps to give your agreement legal affect. If you do not do this then there will be many ramifications. If your agreement is not legally enforceable then there is no incentive for the parties to follow the agreements, and nothing can be done if they do not. Your former spouse could make claims on you long after the divorce or even on your will when you die!
What will the court consider when making the order?
Courts will normally accept your consent order during your matrimonial proceedings without having a hearing or hearing evidence. However, this is not simply a procedure where they accept all the Consent Orders they are sent. They do take several elements into consideration. They must also be satisfied that:
· The court has the jurisdiction to make the order. That means that they will only make the order after Decree Nisi has been concluded.
· They have the power to make the order.
· The order that they have been given is fair to all the parties involved.
The courts will not give something legal affect just because it has been agreed by the parties. What they have agreed must be fair, and it must follow the guidelines and restrictions that are set out in the matrimonial act of 1973. This is to reduce the chances of the Consent Order being contested in the future, and to maximise the satisfaction of the order between the parties.
To ensure that the agreement is fair, it is vital that the parties involved release full details of their financial situation and assets. This must be done before the consent order is made. This can be a difficult time as it could create negative feelings between the parties involved. Especially if what they believed was in the “family pot” turns out to be incorrect at the end of the relationship. This can become a time consuming procedure if there are major assets that need to be valued.
The courts may only wish to see limited financial information before they make the order. Just the totals involved. This is a list of the information the court will need:
· The length of the marriage
· The age of the couple and the ages of any children involved.