Consent orders - financial

Posted by Rory Miln on Monday, December 14, 2009 Under: definitions

The financial arrangements on divorce are usually settled by agreement. It is important to get the court to make an order incorporating the terms of the agreement - an 'ancillary relief order by consent'.

The purpose is to achieve certainty, because either party to a marriage can make a financial claim against the other at any time after the end of the marriage. There is no time limit for such a claim, and it is not unheard of for a claim to made many years after the end of a marriage. The only things that can prevent such a financial claim being made are if the person making the claim has remarried (although even then they may be able to proceed with a claim if it was included in the original divorce petition) or if the court has made an order creating a 'clean break'.

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Rory Miln

Principal

Every week, usually on a Monday, I post my movements for the coming week - when I'm in the office and when I'm out, for example at court. At the same time I post a short article on a word or expression that may crop up during a separation or divorce case. Sometimes I comment on a topical legal issue. I'm always glad of feedback - any comments on my blog entries are welcome - just send me an email.

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About Miln MacLeod

Rory Miln

Miln MacLeod Solicitors is the practice name of Rory Miln, a solicitor of England and Wales recognised as a sole practitioner, authorised and regulated by the Solicitors Regulation Authority (SRA). The practice's SRA number is 535105. The SRA’s rules can be found (in English) on their website at http://www.sra.org.uk/solicitors/code-of-conduct.page