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\"Consent Order\" versus \"Affidavit\"

  • nicenchrisp@gmail.com
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7 months 1 day ago #510621 by nicenchrisp@gmail.com
\"Consent Order\" versus \"Affidavit\" was created by nicenchrisp@gmail.com
I am making the petition toward my cohabiting wife who is equally keen to dissolve the marriage. We simply expired our journey and whilst cohabiting feel its time to move on, with haste.

Papers have been filed, and we've arrived at a cash figure for financial settlements. Where disclosure of funds have been transparent. We are both adults of sound mind have little interest in seeking approval nor interference from courts unless where [url=Glossary/General/Absolute.html ]absolute[/url] necessary.

To this end, can any advice be offered upon the effectiveness of a joint Affidavit (or an Affidavit each) to stipulate the intentions to not change our minds and seek further financial claims in the future, INSTEAD of filing a consent order. The consent order seems an intrusive cumbersome, and effectively produces the same output. Both artifacts appear to have a similar standing in legalese.
Neither myself or recipient wife feel the need to seek any sort of permission from a court Judge, and look to affirm our decisions and agreements through the use of an Affidavit rather than \"Consent orders\"

Has this route been taken on this forum previously ? Can any view of pros and cons for our possible decisions ?

Thanks in advance Forum.

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  • LittleMrMike
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7 months 7 hours ago #510630 by LittleMrMike
A consent order, in a nutshell, is an order

(a) made by a Court
(b) where the parties have agreed in advance to the terms of the order which a Court will make.

Orders for periodical payments ( spousal maintenance ) can be varied at any time if the circumstances change.

Orders for capital payments, normally, cannot be.

It is the COURT which makes the order and that is what makes it legally binding.

It is up to the parties themselves to make sure, firstly that the terms of the order are clear and unambiguous, and secondly, express accurately the intentions of the parties.

LMM

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  • .Charles
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6 months 4 weeks ago #510648 by .Charles
Nicenchrisp wants to record the agreement, presumably as there may be a future risk. To possibly reduce the risk, record the agreement in writing and to avoid the risk, get an order.

The process of obtaining a consent order is not \"intrusive\" or \"cumbersome\" and rarely involves a hearing, particularly if the agreement, on paper, is fair.

Charles

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