Terms of Consent / Agreement
Have you reached an agreement on all issues in your Divorce / Judicial Separation? If the answer is yes, you will need formal Terms of Consent to be drafted that reflect your agreement in a manner that references the relevant legislation that allows the Court to make consent orders.
We will send you a form to complete that will give us the details we need to draft the Terms of Consent. You will have a chance to review the draft terms before the final document is sent to you. You can then include the Terms of Consent with the application you make to the court to have your case heard on those terms.
About Consent Terms
Consent can only be reached when both parties have agreed on everything. Apart from the actual Divorce, things to consider are;
- If the are children - Access, Custody & Maintenance
- Family Home or other property. What is to happen to any property and what has been agreed regarding the asset being divided.
- Any other assets that need to be divided.
- Pensions - Will any claim be made against pensions and if so what will the agreed claim be. *
- Succession Rights.
It is important to remember that the courts like consent / agreement, however, the Judge will carefully review the Consent / Agreement to ensure that proper provision has been made for all parties, especially where there are children.
* If there is a pension you must serve notice to the trustees of your pension and have a Pension Adjustment Order drafted and have it approved by the trustees before the court can make an order regarding either parties pension. This can be done after the Divorce has been granted.