Military life is about working as a team, assessing and managing risk, and making sure all bases are covered. But when a marriage ends, it can feel like those things are no longer within your control.
When divorcing couples reach an agreement about financial matters and/or children, it is easy to think everything is complete. But that isn’t always the case.
With childcare arrangements, if both parents agree and there are no risks to the children, there is no need to involve the court. The same cannot be said of financial matters.
Divorcing couples can bring a range of financial claims against each other – relating to income, savings, property, possessions and pensions.
Even after a divorce is finalised and an agreement is reached, the court can still assess and deal with claims, sometimes months or even years later. This may happen if one party changes their mind about the agreement, for example.
This is where a consent order can help.
What is a consent order?
A consent order is a legally binding court order – usually drawn up by a solicitor – that sets out the financial agreement reached by divorcing spouses.
It can be submitted to the court for approval at any time after the pronouncement of the conditional order of divorce.
The application must be supported by a Statement of Information, which summarises the couple’s financial circumstances and how the consent order will affect them. It is then for the court to decide whether the financial agreement is fair and reasonable.
Most consent orders are approved without difficulty, but if it is not satisfied, the court can arrange a short hearing to discuss matters.
Once the consent order is approved and sealed by the court, the financial agreement becomes final and binding, providing certainty and clarity.
Do you need a consent order?
The short answer is yes.
Even the most amicable agreement can break down in the future, often due to changes in financial and personal circumstances.
Without a consent order, your former spouse can bring a claim against your assets – including your pension – long after the divorce is finalised. Even after remarriage.
This is especially important for military personnel. Your pension is one of your valuable assets, so it needs to be protected from any future claim. Agreements regarding pension sharing can only be implemented by a court order.
A Consent Order provides a clean break, confirming that (apart from what has been agreed) neither party can make financial claims against each other – now, in the future, or on death.
How we can help
We understand that life in the Armed Forces can be unpredictable, which can make it tempting to avoid additional legal processes.
However, a consent order ensures long-term security and peace of mind, helping to keep your financial arrangements stable even as your military career evolves.
Our Family team have extensive experience helping Armed Forces personnel. We understand the nuances of your career and the complexities of Armed Forces Pension Schemes.
Whether you have reached a divorce agreement or are still negotiating, we can help by:
- advising whether the court is likely to consider your agreement fair and reasonable;
- drafting and submitting your consent order and supporting documents;
- assisting with negotiations where an agreement has not yet been reached.
Working with a legal professional ensures your rights are protected and your financial future is under control.
This information article was prepared by Julie Bailey at Wilkin Chapman Rollits.
