Wednesday, October 02, 2013
Family Lore Clinic: If a consent order is agreed by both parties does it speed up the divorce?
A consent order (in this context) is an order setting out an agreed financial/property settlement on divorce.
The first thing to say, of course, is that it is usually far quicker to settle financial/property matters by agreement, rather than through contested court proceedings.
The consent order does not have to be obtained before the divorce is finalised (by applying for the decree absolute), so getting one does not necessarily have any bearing upon the speed of the divorce.
However, it is usually highly advisable that the divorce is not finalised until the consent order has been obtained. Accordingly, the quicker the consent order is obtained, the quicker the divorce can be finalised.
So, if you want your divorce to go though as quickly as possible, agree financial/property matters with your spouse, get a consent order, and then you or your spouse can apply for the decree absolute.