It is possible for partners to agree amicably how their assets and finances should be split following a divorce. However, for the agreement to be binding, it must be sent to the court and approved in a consent order.

Typically, neither party needs to attend court for the consent order to be approved.

However, it is important to note that the court will not approve an order that is disproportionate or unfair. Even where parties agree, the court will still undertake an analysis into factors in the Matrimonial Causes Act 1973 to determine whether the agreement reached by the parties is fair in the circumstances.

This will involve an element of financial disclosure to the court to enable them to reach a decision.

At George Green LLP our specialist Family Solicitors are experts in advising clients in respect of financial orders upon divorce. If you would like any further information or advice, call Mark Vandaele on 01902 796930 (mvandaele@georgegreen.co.uk) at our Wolverhampton office or Rachel Baker on 01384 340 580 (rbaker@georgegreen.co.uk at our Cradley Heath office.