consent order

[separation]

My husband and I are "amicably" divorcing and are thinking of having a consent order to sort out our financial matters. Can the court disagree with what the couple has decided in their consent order?  My husband is giving me his share of the home and I am worried that the court will ask us to split it.

 

[Didwot]

The Court is not acting as a rubber stamp, and will only make orders that are considered to be fair and reasonable in all the circumstances. For example a court will not make a clean break order, terminating a wifes right to claim maintenance, if the immediate effect is to put her on to state benefits. In order to obtain a consetn order it is necessary to file a very simple joint statement of means on a form 2.62, and the court will not go into the matter in to much detail if it all seems OK. Each case depends upon its own facts, but if your husband has other assets, eg a pension policy or savings, and youi are relinquishing your rights to mainentance, then the order may well be approved. No sweat on the Tax issues.