"consentorders" posts

Is 50/50 fair when dividing money and property?

In short, it depends. There's no defined formula for splitting money and property when you separate, and there are many factors that impact whether or not your agreement is 'fair' and in what context.

Is 50/50 fair? Fairness, finances and divorce with Joshua Rozenberg and David Hodson

Kate is joined by Joshua Rozenberg and David Hodson to discuss whether 50/50 is a fair way to divide money and property during a divorce or separation.

What is a separation agreement and when do you need one?

Divorce can be an emotionally challenging process with significant legal and financial consequences. Knowing when to divide any money, property and other assets/debts, as well as the legal mechanism for doing this, can be confusing [...]

Changes to the rules around CGT and the impact on separating couples

The government has announced changes to the rules around Capital Gains Tax (CGT) in the Spring Finance Bill 2023. In this blog, we'll look at how these changes impact divorcing and separating couples.

Why should you budget for your divorce process?

We know that getting divorced is not an easy or cheap process for most. It's an emotional journey with legal and financial consequences. Usually, you're dividing two households in two and having to rehouse yourselves elsewhere, which is an expensive process in itself. We have lots of tips on this in our podcast episode with HyperJar. So if you're looking to save money, choosing the cheapest divorce process is tempting. Below, we look at reasons and situations why you might choose to spend more on professional help for your divorce.

amicable’s guide to navigating gov.uk as you divorce

Since the introduction of ‘no-fault divorce’ more people than ever are starting their divorce on the government website. It’s simple to kick off a divorce yourself but when it comes to sorting out your money and property things can quickly become baffling, especially as the instructions and the language on gov.uk are unclear, complicated and confusing.

Applied for your conditional order? Here’s what to do next

If you or your ex have applied to end your ‘legal marriage’ with a no-fault divorce on the government website, you’ll be emailed to say you can apply for your Conditional Order 20 weeks after the application was made and the divorce issued (the ‘reflection’ period). Once you’ve applied for the conditional order and the court has granted it, you can ask a judge to end your ‘financial marriage’ by approving arrangements you have made about splitting money and property. This is known as having a financial order, also called a consent order, if you both agree to the document.

How will the government's Autumn Statement 2022 impact separating couples?

Jeremy Hunt’s Autumn Statement 2022 set out a raft of policies aimed at both stabilising the economy and dealing with inflation and the cost of living crisis. If you are divorcing or separating, the statement presents new challenges for you and your family, at a tough time when you are already dealing with the emotional and financial trauma of the break-up of your marriage.

What is a 'kitchen table agreement'?

If you decide to separate or divorce, you will need to agree on how you divide your finances. This means any money, property, debt, or pensions. There are lots of ways you can reach an agreement on how to separate your finances, and some options are cheaper than others.

What is a ‘clean break’ following divorce?

When you get married, you become financially tied to your partner. If you divorce your partner, it might surprise you to learn that this doesn’t automatically end your financial relationship with them. A ‘clean break’ usually refers to a type of order that the court can make following a divorce, to sever any financial ties between you both. In this blog, we’ll explain why you might want to consider a clean break, and how you can go about getting one.

Rupert and Jerry – an amicable divorce?

It is being reported that Rupert Murdoch and Jerry Hall are to divorce. Neither are strangers to the process. We believe that divorce doesn’t have to be conducted from heavily lawyered silos, even for the super-rich, who just like the rest of us will not want to see their wealth being syphoned off by hungry lawyers.

How much does a divorce cost in England and Wales? (2023) – Step by step guide on how to keep the cost down

Divorce has a reputation for being expensive, but fees don’t have to rise through the roof. Luckily, there are plenty of ways to keep the costs down […]

Divorce financial settlement guide

The financial side of divorce and legalising what has been agreed is often called a divorce financial settlement.

Financial disclosure and divorce

We often get asked by our customers, whether or not you need to disclose your finances to your spouse if you’re divorcing. This will depend on your individual situation and the nature of your divorce. We have outlined below when financial disclosure might be required, as well as the types of financial disclosure and where this sits within the divorce process.

Is it a gift or is it a loan?

A frequent question that comes up with our customers, is whether a sum of money given by a parent to the couple, or one of them in particular, is a gift or loan. Clarity on this matter has been somewhat reached through the judgment passed by HHJ Edward Hess on the 10th of February 2022 with regards to the case, P v Q.

How are pensions split in a divorce?

If you have decided to divorce, or dissolve your civil partnership, you and your ex need to decide how to separate and if applicable, share your financial assets. The first step is to provide each other with full details of [...]

Pension Sharing Orders - FAQs

A pension sharing order will require one former spouse’s pension provider to give some, or all, of the funds in that pension plan to their ex (the ‘recipient’). A pension sharing order can be made in respect of a pension either before or after it is in payment. Find out more...

Establishing a new relationship with money after divorce

Reaching a fair financial settlement often takes centre stage during a divorce or separation and is key in achieving an amicable divorce. For many, a divorce marks not only a change in financial circumstances, but the start of establishing a new relationship with money.

What is a consent order and how to get one online?

Ending your marriage or civil partnership is one legal process and ending your financial ties is completely different legal process. The legal process of severing your financial ties is called a consent order or financial order. This blog will explain how to get a consent order online.

Divorce, Separation & Dissolution terms explained

There can be a lot of new and confusing terminology to get to grips with when you separate divorce or dissolve your civil partnership. In this blog we have set out some of the commonly confused terms in everyday language and when they may be applicable to your situation.

Divorce and property – what you need to do and know in three simple steps...

A big consideration when you divorce or separate is how to sort out any property you own. Every separation is different, but the tips below are a good place to start and will hopefully save you time, money and hassle.

Is 50/50 always fair in a divorce settlement? – Our guide to splitting assets in a divorce

In divorce splitting assets (as well as debts) can feel overwhelming. However, a few simple steps can [...]

What’s the difference between legal separation and divorce?

Many people ask us ‘what’s the difference between separation and divorce?’. Confusingly a legal separation (judicial separation) is different to a separation agreement, and both are different to a divorce. […]

What is a consent order? Guide to financial consent orders during divorce

A consent order is a legally binding document that sets out the financial arrangements you and your ex have agreed on. It details how you’re going to split any assets, debts, pension, and income you […]

What is a divorce financial order guide

A divorce financial order is a document that makes your agreements about how to split your finances legally binding. It usually has a clause in it that ends any future claims you may have against […]

Debt and Divorce (England and Wales)

You, like many, might be wondering ‘what happens to debt in divorce?’. Debt refers to a sum of money that is owed or due to another individual or institution. There are many different types of debt and it might surprise you to know that debt is included when you come to look at your divorce financial settlement.

What’s a Mesher Order? Options for sorting out the family home

A Mesher Order forms part of your consent (financial) order and allows you to postpone the sale of the family home until your children have completed their secondary education (sometimes extended to cover their university education). Crucially...

Coronavirus (COVID-19) and Your Financial Settlement

If you're negotiating your financial settlement as part of your divorce or separation as well as dealing with Coronavirus (COVID-19), then the anxiety levels can start to feel overwhelming. But don't worry, we are here to help, and have put together some FAQ's and advice to support you.

What happens if a consent order is broken?

A consent order (sometimes called a financial order) will legalise the financial arrangements you have made with your ex when you divorce / end your civil partnership. It’s also the document that will end financial claims against each other in the future. A consent order is a safety net that protects you both so that one person can’t change their mind in the future. The courts will not check up on you to see if you are both upholding what is stated but you can ask the court for help if one person breaks the agreements documented in the consent order.

amicable’s guide to financial separation when you divorce or legally separate in England and Wales

Considering the principles for financial separation of your divorce, before you get bogged down in the detail can save you time, energy and money […]