Thursday, June 13, 2013

Family Lore Clinic: Is a consent order legally binding?


As I have mentioned before, the term 'consent order' usually refers to the court order setting out an agreed financial/property settlement on divorce or dissolution of civil partnership, and that is the meaning I will assume in this post.

The answer to the question is quite simple: Once the consent order has been made, it is binding just like any other order. The fact that the terms of the order were agreed, or that it was agreed that those terms would be made into an order, make no difference. The order is binding just the same as if the court had made the order without the agreement of the parties.

The only 'proviso' to the above is that the financial/property settlement is dependent upon the divorce being finalised, and therefore if it has not been finalised the consent order will not take effect until the decree absolute.

As usual, if you require specfic advice, then you should consult a specialist family lawyer.

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