How To Get The Court To Approve Your Financial Settlement Agreement Agreed Between Yourselves Or Through Mediation
INTRODUCTION
In Help Guide 2, we showed you the 4 ways available to you for sorting out the division of your marital assets, finances and pensions (also known as your financial settlement) when divorcing or separating.
- Between yourselves (DIY arrangements)
- Using an online divorce company
- With the help of mediation
- Or go through the court process where they can help you or decide for you.
If you and your ex-partner have managed to sort out the division of your marital assets, finances and pensions between yourselves (option 1 above) or through mediation (option 3 above) then this webpage is for you. You both now DO NOT have to go through the whole court process and let the court decide the financial settlement for you.
All you have to do now is to get the court to approve your financial settlement agreement. This can also be referred to as the court will ‘formalise’ your agreement.
NOW THAT YOU BOTH HAVE AGREED THE DIVISION OF YOUR MARITAL ASSETS, FINANCES AND PENSIONS WHAT DO YOU DO?
Once you both have agreed the division of your marital assets, finances and pensions you and your ex-partner must write down all your agreements and decisions onto a piece of paper called a draft consent agreement.
If you have agreed the division of your marital assets, finances and pensions with the help of a mediator, they can write the draft consent agreement for you. Please ask the cost and decide if you can afford it.
LINK TO OUR L.I.P HELP GUIDE FOR MEDIATION
If you have agreed the division of your marital assets, finances and pensions between yourselves (DIY), you can write it yourselves using our template for a draft consent agreement. Please click on the link below so you can be taken to the page where you will find the template. This will not cost a penny.
NOW THAT YOU HAVE YOUR DRAFT CONSENT AGREEMENT WHAT DO YOU DO?
You can both jointly send this draft consent agreement with form A (form used to start the court process of financial settlement) and form D81 (‘statement of information’ to help the court decide whether the financial and property arrangements you’ve made are fair) to your local family court that deals with financial settlement.
Once the court receives your form A, form D81 and your draft consent agreement they will go through it, make sure it is fair and then approve your agreement into a legally binding document called a financial consent order with a court stamp, mandatory warnings and penal notices on it.
LINK TO OUR L.I.P HELP GUIDE FOR FORM A
LINK TO OUR L.I.P HELP GUIDE FOR FORM D81
LINK TO GOVERNMENT WEBSITE FOR FIND YOUR LOCAL COURT
WILL YOU BE ABLE TO COMPLETE FORM A AND FORM D81 YOURSELF? WILL YOU ALSO BE ABLE TO COMPLETE ANY OTHER COURT FORM YOU MAY NEED AND UNDERSTAND THE PROCESS AS WELL?
Of course you can. This website will help you all the way through. Our L.I.P website will help you complete form A and form D81 and any other form you need to send to the court for any other matter.
Once you have read this webpage, you can click on the link above or below to access form A and form D81 where it will go into detail how to complete them and where to send them. The topics covered are –
- What is form A and form D81 used for?
- Are there any government or our own L.I.P Help Guides or write ups to help you complete form A and form D81?
- What is the fee to send form A and form D81 to the court and how to pay for them?
- How to complete form A and form D81 and where to send them.
- Where can you find form A and form D81/download these forms?
- When was form A and form D81 first published and last updated?
LINK TO OUR L.I.P HELP GUIDE FOR FORM A
LINK TO OUR L.I.P HELP GUIDE FOR FORM D81
WHAT IF THE COURT WANTS TO ASK QUESTIONS ABOUT YOUR DRAFT CONSENT AGREEMENT?
If the court has any concerns or wants further information, they will either write to you or ask to see both you and your ex-partner at a court hearing to clarify issues they may have before they formalise your financial settlement agreement.
WHAT IF YOU AND YOUR EX-PARTNER START TO DISAGREE AND DECIDE TO LET THE COURT GET INVOLVED?
If this happens, please do not panic. Read our Help Guide to a basic step by step account of the whole court process of dividing marital assets. Then please read every other section in our Help Guide 5 – Dividing marital assets, finances and pensions.
LINK TO OUR L.I.P HELP GUIDE 5 – DIVIDING MARITAL ASSETS, FINANCES AND PENSIONS
Our Help Guide 5 has detailed explanations on the whole court process. There are detailed write ups on the forms you will need, links where to find them and other write ups on virtually everything you could come across during your financial settlement.