It may be that you and your husband or wife can agree what is to happen to the assets that you both own. If so, you will obviously save a great deal of time, distress and money by avoiding a dispute. However, there are things to watch even when everything is agreed.
WE HAVE AGREED EVERYTHING - WHAT ELSE IS THERE?
Firstly, you may well have agreed everything but until the court approves the agreement it is not binding. It is for the court to decide what is reasonable. The court will be reluctant to interfere with a reasonable agreement but will want to know that both parties, and the children are getting a decent deal.Secondly, unless an order is made dismissing all claims which either of you may have against the other (over and above what you have agreed) either one of you still has the right to come back for more by making an application at a later stage. Therefore an order is necessary even if it is only to confirm what you have already agreed.
BUT HOW CAN WE GET AN ORDER IF WE ARE NOT FIGHTING?
This is quite simple. The answer is to prepare an order reflecting the terms of your agreement and for you both to sign it to show that you consent to an order in that form. The order should be sent to the court with a Statement of Information for Consent Order, which you again both need to complete, sign and date. The statement is meant to show your position before the order is made so that the judge can see what is available.If the court is satisfied with the order it will be sealed as a court order and sent to both of you. If your local judge has any worries you will probably receive a letter asking you to explain matters or you may be asked to attend an appointment with the District Judge to discuss the problem.
