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draft consent order wording

  • peterpan36
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11 Jun 11 #272482 by peterpan36
Topic started by peterpan36
I have received a draft Consent Order from s2bx but the wording is sufficiently unlike the heads of agreement that I am cautious about signing it.

Specifically, does the phrase "BY CONSENT with effect from Decree Absolute it is ordered that" have the effect that the list of things following cannot start before DA, but must wait till after DA is pronounced?

What implication is there in "who has had the opportunity to obtain legal advice on the terms of this Order" below my signature? I am the respondent and litigant in person. It seems unneccessary.

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11 Jun 11 #272554 by Fiona
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peterpan36 wrote:

Specifically, does the phrase "BY CONSENT with effect from Decree Absolute it is ordered that" have the effect that the list of things following cannot start before DA, but must wait till after DA is pronounced?


Yes. It may be that there is a pension sharing order which can only come into effect once the Absolute has been granted.

What implication is there in "who has had the opportunity to obtain legal advice on the terms of this Order" below my signature? I am the respondent and litigant in person. It seems unneccessary


Consent Orders are more difficult to challenge at a later date if both parties take independent legal advice or had the opportunity to take independent advice and turned it down.

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