Online Financial Consent Orders are not as advantageous as first thought
Most solicitors are now stating that the new online HMCTS Financial Remedy system cuts the time required to achieve a Consent Order. The HMCTS system allows online submittal of documents and signatures, and can update solicitors of progress through the court system. This is meant to reduce costs to the client, making the whole process more affordable.
A lot of people avoid a financial order when divorcing as they believe the costs far out weigh the benefits. And when two warring solicitors get involved, this can be the case with legal fees consuming a large percentage of any assets a couple may have.
However, submitting a Consent Order on paper does actually use the same framework as the online version. So although some parts will be slower, the majority will be just as fast.
The major hurdle throughout the process is the arguing between the two solicitors.
Even when a couple have already decided on how to divide their assets, a solicitor representing one party, will always try to build up antagonism between the couple to get a higher percentage of assets. Often this occurs, despite the wishes of their client. It seems solicitors have to create a fight for their own ego.
The arguing negates any quicker processing the online HMRC system can present. Saving a few days by using an digital signature is insignificant to the weeks of solicitor negotiation.
Amicable Decision
If children are involved, both parties normally want to keep things amicable for the benefit of their children. Being able to have a discussion in the presence of children without it turning into a screaming contest does help when presenting a joint front. Having an amicable relationship is a massive help when it comes to arranging custody of the children. It will allow both parties to move on quicker with their lives. The children will also benefit if they see their parents acting sensibly. If people are made to take sides, then their relationship with the other parent could be harmed for a long time.
The alternative
Having one person help both parties through the divorce an finacial order makes it easier to come to an agreement quicker and without antaganism.
Carol Sullivan of Divorce Negotiator states "Specialising in helping both parties through the difficult process of dividing assets and assisting both parties, and ensuring both are receiving the same advice, makes achieving a fair decision a lot easier. When both parties think they have received a fair split of assets, their future relationship will be vastley improved."