Consent Order

Posted By: Lily Stevanovic on 12/11/2023 at 11:38

Hi Suzy,
Is the above consent order relevant to us, as we are not married? We are separating and want to make our MOU (Memorandum of Understanding) legally binding. Is the company you’ve suggested still relevant or would you recommend simply going to a local solicitor/notary to do this for us? Thanks.

Latest Comments 4

Thank you for the info Suzi. But any legal action is via CMS? Which applies only to residents of England Scotland and Wales? (The non-paying parent lives overseas, no British passport. I do not have an address for him. Only his solicitor in uk. CMS told me on the phone that 1)they do not communicate via solicitors 2)no address for him and living overseas, they say they can’t even make a record that I’ve contacted them, nothing that they can do. So all the legal chasing for maintenance - where would i start? There is no government service to help me??

07:45 13/12/2023
Annie Greening

(posting this year to remove it from the top of the chat where it was in the wrong place! ) Best to create a new post (link at the top) but to get an agreement legally binding - this company is recommended to make your agreement into a Consent Order (which you submit at the interim order stage of the divorce before applying for the final order). If you use the code SOS23 you’ll get a 10% discount: <a href="" target="_blank"></a>

14:42 22/11/2023
suzy Miller

Sure, Thank you for all the info Suzy! I will get in touch with them.

20:12 12/11/2023
Lily Stevanovic

Using that link you can go to the menu and they provide a fixed price cohabitation agreement. You can ask them to adapt that to be for your separation / relationship end but it will be a variation on that template. You’ll need independent legal advice to stress-test the final agreement (which that company can provide’ and if it’s not going to last long (ie. You’re splitting everything and no ongoing payments - then that will be fine. If you are relying on ongoing payments then it could be difficult in practice to enforce the agreement. If you review it every couple of years and have independent legal advice to doublecheck that you both understand what it is that you’ve agreed to, then that should stand up, but the cost of going to court to enforce it and the time involved could be prohibitive. But you can always of course do it DIY. It is unlikely to hold the same legal weight in practice as a consent order, which is why it’s easier in some ways to divorce than it is to just create an agreement with a cohabiting partner. But it can be difficult to enforce a consent order as well, if you’ve got someone who is just determine not to comply so ultimately, if this is done amicably and everyone is respectful of the agreement they sign, it’s an important thing to do. But I’m just saying, don’t put too much faith in the legal weight of it, unless you’re going to keep it updated every couple of years so that it remains relevant because people’s circumstances change. The divorce online people can advise but I would go for their cohabitation agreement - then you simply implement it immediately after it’s signed! Strictly speaking, cohabitation agreements are not legally binding in England or Wales in the sense that courts must uphold them, but in a similar way to prenuptial agreements, the courts will consider them as part of any application when they are drafted and executed properly. Therefore, a cohabitation agreement or living together agreement is a legally binding contract provided you obtain legal advice before preparing the agreement and it is signed as a deed. How effective it is in, for example, for agreeing the amount of child maintenance above the statutory level, and how enforceable that is, would be interesting to see. There’s no reason why, whatever you agree, won’t be honoured, but I wouldn’t put all your eggs in one basket and leave yourself exposed, if suddenly the money you rely on dries up. Make sure you have a plan B.

12:16 12/11/2023
suzy Miller
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