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'final order' vs. 'consent order' - definition plz

  • dvsurvivalist
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9 months 4 weeks ago #510518 by dvsurvivalist
Is there an official court order called a 'final order', or is that just another term for a 'consent order'?

The court document I have is called a 'financial remedy order' - on page 2 of this 3 page order is the line:
'It IS ORDERED BY CONSENT and with effect from Decree Absolute:' blah blah blah

Does the use of the word 'consent' here, define this document as a consent order?

Thanks

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  • WYSPECIAL
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9 months 4 weeks ago #510521 by WYSPECIAL
Yes.

Consent Order basically just means you agreed it between yourselves.

Ultimately if you don't come to an agreement by consent then the court tells you what's going to happen and decides what's going to be in the Court Order.

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9 months 4 weeks ago #510524 by dvsurvivalist
Replied by dvsurvivalist on topic Re:'final order' vs. 'consent order' - definition plz
Thanks for replying.

So, if my order has the word 'consent' in it, as I mentioned in my post, does that mean it is a consent order, rather than a 'final' order?

To explain a little, both parties had reached a settlement before the FDR, but on the day the FDR was scheduled for (the court having been given written notice that neither party intended on attending) both solicitors were asked to attend a short hearing 'sitting in private' to give the judge an explanation of departure from 50/50. After the judge was satisfied with both solicitors explanation the order was sealed.

Does this sound like a consent order or a final order? Could anyone explain the difference if there is such a thing as a FINAL ORDER?

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9 months 3 weeks ago #510532 by WYSPECIAL
It’s probably both. It says by consent so it’s a consent order. If it says that all future claims will be dismissed then it is final.

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9 months 3 weeks ago #510538 by dvsurvivalist
Replied by dvsurvivalist on topic Re:'final order' vs. 'consent order' - definition plz
Thanks again for this. My solicitor is trying to justify the escalated costs of my final bill by saying my case went to a final hearing. I believe that it did not. As I understand it a final hearing happens after the FDR. My case had ONE hearing where both parties were present. The FDR didn't happen, the scheduled FDR was vacated as settlement had been reached.

The order was sealed by the judge as a result of a brief private hearing to explain details of the CO to the judge. Only the 2 solicitors and a judge were present for this short discussion. The contents of the order had been agreed between both parties, before this hearing, so it was not a judge who decided the contents.

My solicitor is saying that the order I have is a FINAL order and NOT a consent order, and is saying therefore there WAS a final hearing, thereby justifying my escalated costs.

It is vital I find out, if what my solicitor is telling, me is correct.

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  • .Charles
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9 months 3 weeks ago #510540 by .Charles
It sounds as though a hearing was necessary in order that the judge could ensure the order was appropriate.

The hearing was final in a sense that no further hearing was necessary so it was the last hearing that concluded matters.

However, you are correct that the final hearing is usually the contested hearing where the judge makes a decision which binds the parties. The final hearing is also known as the Trial.

If your estimated costs to obtain a consent order did not include a hearing, which is likely, the requirement for a hearing would increase costs due to having to prepare for hearing, travel to court and attend upon the hearing. However, you would have to review your costs estimate to see what was and was not included.

Charles

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