A consent order is a record of an agreement being met. Once it is submitted, the court decides whether to approve it. Once the court has approved it, the order has legal merit.
All About the Consent Order
A consent order is often used to finalise issues during a divorce. It can also be used when an agreement has been made between unmarried couples, and the parties want this agreement legally recognised. Consent orders can be drawn up to cover a range of issues following separation.
More often than not, the consent order is used to detail the financial agreement reached between two parties. Once a judge has approved it, the order is legally binding and it can be enforced by the court, should either party breach the terms.
If a consent order is not in place, either party could make a financial claim against the other.
A consent order can cover finances such as:
- Savings
- Property
- Pensions
- Debts
- Investments
It can also cover regular payments like child support, and ongoing payments like maintenance.
A Clean Break Consent Order
A clean break order, made by consent, allows a couple to officially end their financial obligations to each other. It makes it clear that neither party can make a financial claim against each other in the future, for example, neither party can claim they are owed a percentage of a property.
Agreeing on A Consent Order in Beaconsfield
You can agree on the terms of a consent order between yourselves, or, you can use a third party like a solicitor, mediator or a family member. If you have both agreed, it is still worth instructing a solicitor to review the terms and give their opinion on whether the judge is likely to review it.
If you need to apply for a consent order in Beaconsfield, Fitz Solicitors can help.