A '' Consent Order '' is a term which occurs throughout litigation generally, and it means an order made by a Court where the parties are agreed in advance on the terms of the order which the Court is being asked to make.
Or, put another way, the parties make an agreement and the Court rubber stamps it.
The point is that it is still an order made by a Court ; and therefore is enforceable in the same way as any Court order.
In the nature of the case, a Consent Order means that the parties agree on the terms of the order and an appeal is almost impossible unless the order has been made in reliance on false statements or non-disclosure.
The advantage is that it means , at any rate in theory, that all the financial and other issues arising from the divorce are disposed of, leaving the parties free to get on with their lives with the possibility of later claims. A Consent Order relating to maintenance can always be varied or discharged at a later date.
Thank you lmm - that helps. Basically my ex wants to divorce but we haven''t settled the finances. I told him that I thought we had to settle finances before the divorce. He said this wasn''t the case and we could get a Consent Order. Why bother though? Why not just settle the finances and then divorce? Thanks again
There was a very interesting thread on this issue a couple of weeks ago.
I think we agreed :
1. That, with the exception of maintenance pending suit, or other interim orders, a Court cannot make a financial order before the Decree Nisi.
2. A Court can make a financial order after the Decree Nisi but before Decree Absolute. However in most cases,the order would not normally take effect until the decree was made Absolute and the marriage was finally ended.
3. A financial order can be made after Decree Absolute but it is wise not to delay too long.
If you have reached an agreement there should be no undue difficulties.