Wednesday, February 19, 2014

Family Lore Clinic: My consent order application has been accepted - what now?


As usual, I will assume that the term 'consent order' refers to an order setting out an agreed financial/property settlement upon divorce.

If the court has approved a consent order, it will send a sealed copy to both parties, or their solicitors.

What happens next depends upon the terms of the order. If the order contains terms that need to be implemented, such as the sale of the former matrimonial home, or the payment of a lump sum, those terms must be implemented, within the time limits set out by the court in the order.

Of course, some consent orders will require no implementation, for example orders that merely state that there will be a 'clean break' between the parties (i.e orders dismissing all further financial/property claims by either party against the other).

The other thing that usually has to be done be done is to apply for the decree absolute, finalising the divorce, unless this has been done already. Obviously, it is usually the petitioner that has to make the application.

If you are in any doubt as to whether your consent order needs to be implemented, or how it should be implemented, then you should seek the advice of an expert family lawyer.

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