Tuesday, March 18, 2014
Family Lore Clinic: Can I apply for a consent order without my ex husband?
Once again, I will asume that the term 'consent order' refers to the order setting out an agreed financial/property settlement on divorce, although my answer will apply equally to any sort of consent order.
The answer is, quite simply, 'no'. A consent order can only be made with the agreement of both parties. If there is no agreement, then a final order can only be made after one of the parties makes a full financial remedies application to the court, and a contested final hearing has taken place.
Of course, the parties may agree a financial/property settlement, but then one of them may refuse to cooperate with the obtaining of a consent order, giving effect to the settlement. In this situation the court may be prepared to uphold the agreement. This can be a complicated area of law, and if you think it applies to you then you should seek the advice of an expert family lawyer.