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What It Contains?
Anyone who files for mutual divorce, no matter how improbable it might seem for them to have a future dispute, needs to have a consent order in place. Let us first analyse the various benefits of a consent order. This will help us identify the people for whom this agreement will prove to be beneficial. A consent order might include but not limited to the following aspects of financial arrangement:
- Sharing of property purchased during the marriage
- Child Maintenance
- Monthly maintenance
- Debts taken during the marriage towards mortgage, etc.
- Sharing of other assets such as furniture in the house, etc.
- Personal property owned by them even before their marriage
- Pension sharing
Who Needs Them Most? Although a consent order is useful for all couples who divorce after reaching a mutual agreement, the top five instances when it becomes indispensable are as follows: - Child Custody:Statistics indicate that the children growing up with a single parent face financial difficulties and turn out to be high school or college dropouts. This is mainly due to the fact that with time, the non-custodial parent loses contacts with the children and does not support them financially. A consent order is necessary in cases, where the couple have one or more children, to protect their interests and avoid overburdening the custodial parent with all the responsibilities.
- Running a Business:Although your spouse might have accepted to a reasonable arrangement, a huge success in your business and subsequent wealth might tempt your ex into making fresh claims, if a consent order is not in place.
- Debt:If you and your spouse agree to equally share the debt taken out during the married life, it needs to be mentioned in the consent order. Otherwise, if the loan was just taken under one of your names, then the other person might easily get away from it.
- Pension:Studies indicate that most of the women neglect pension sharing when reaching an agreement on divorce settlement. Reaching an agreement on sharing the spouse’s pension is important as it would become necessary to support them when they grow old. It has to be taken seriously and included in the consent order to avoid poverty or helplessness during old age.
- Unemployed:If you have given up your job to take care of children and family after your marriage, it is necessary to claim your fair share of monthly maintenance from your spouse. The same needs to be included in the consent agreement in order to safeguard your interests and protect your future. Without a written agreement in place, your spouse might pay you less than the agreed amount and you might be forced to fight it out in court. This would be a huge burden on your pocket considering the large fee that you need to pay for your legal counsel.
Drawing a Consent Order A consent order can be drawn and submitted in court with the signature of the divorced couple. Along with this, a ‘Statement of Information’ needs to be submitted which contains details of all the assets and earnings of the divorced couple. If the court decides that your agreement is fair, they would rubber stamp and send it back to you. So, in case of a divorce, make sure you have the consent order in place. This would not only protect your rights but also help to safeguard your child’s interests too. Is it not a wise decision to have the agreement ready instead of going through the financial and mental stress?
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