Do I Need a Solicitor for a Financial Order in the UK?

Are you worried about your money because of a divorce? Are you trying to keep your money safe? We know this is a hard time for you, and we’re here to help. 

Every month, more than 8,700 people visit our website seeking advice on things like this. You’re not the only one.

In this article, we’ll help you understand:

•  Why you need to tell about all your things in a divorce.
•  What things count as part of the marriage.
•  How you can keep your money safe during a divorce.
•  The rules about giving money to family before a divorce.
•  What can happen if you hide things in a divorce.

Our team knows about divorce; they know how hard it is to worry about money. We’re here to help you understand everything.

Ready to learn how to keep your money safe during a divorce in the UK in 2023? Let’s get started.

Do I need a solicitor for a Financial Order?

You do need to use a solicitor to draft a Consent Order, but you can submit the application to the court without legal services. 

You may want to use a solicitor to help with the process and ensure the judge will deem the agreement fair and approve the order. There will be fees for their work, which can often be hundreds of pounds, if not much more. The exact fees will depend on the solicitor and your location in the UK. 

You’re not alone if you’ve been wondering the answer to this question because you want a Consent Order but want to divorce as cheaply as possible. Many forum posts are asking the same question, such as this lady:

Source: https://forums.moneysavingexpert.com/discussion/160574/diy-consent-order-after-divorce 

Can you get divorced without a Financial Consent Order?

You can get a divorce without a Financial Consent Order, but this is risky because your ex-spouse could make a claim against you after the divorce. 

They might do this if you become more successful or if you receive a windfall through inheritance or a lottery win. 

When can I apply for a Financial Consent Order?

You can only apply for a Consent Order once you and your ex have agreed on how all matrimonial assets and finances will be divided. You will also need to wait for the conditional offer (previously decree nisi) before submitting a Consent Order application. 

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How to apply for a Consent Order yourself

To apply for the Consent Order, both of you must:

1. Draft the Consent Order with legal help
2. Sign the drafted Consent Order and make two photocopies 
3. Complete the statement of information form

One of you will also need to complete the Notice of an Application for a Financial Order form. 

The forms and copies must be submitted with the court fee to apply, which is currently £53. You might get help with this and other divorce fees. 

There are different addresses where you need to send all the forms depending on whether you’re divorcing, ending a civil partnership or legally separating.

How long does it take for a court to approve a Financial Order?

The timescale to get a Consent Order approved by the court will depend on the court’s workload, but most Consent Orders are approved within two to four weeks.