Consent Order

Hello everyone,

My xtb and I have decided we are both better off agreeing a deal which satisfies neither of us but ends an otherwise continuous and terrible period of limbo.

Money is rather tight (understatement) so I would ask whether anyone can help me regarding procedure as I am trying to do this myself as the Applicant/Petitioner.

1 I have D48B and a D81, Statement for a Consent Order. Under "Other Information" do I attach the orders agreed and a resume of finances? If not, what is the a procedure for bringing them to the judge's attention?

2 Can I ask for the orders in English and leave the Court to draft them in legalese or do I have to draft them up using accepted precedents. If the latter, where is a good (free) place to get them from?

3 Can I apply for the absolute at the same time as the financial orders or is it best before of after?

4 Do I have to submit any other documentation such as the nisi?

5 How will the Court know that the consent has really been consented to by the parties? Is a sworn deposition of som esort required?

I can't be the only person to have had such procedural queries but can't find them on the site. They seem simple enough and perhaps if someone is kind enough to reply the site could incorporate them into a stand-alone self-rep guide.

Thank you.

Sorry that your post has not been answered, but I'm afraid it happens sometimes.

In reply to your queries :

1 You both fill in the Statement of Information and complete the sections relating to your respective finances.
2. No, I don't think so. I've never heard of the Court doing it anyway. May I give you a little bit of advice here. If you get this wrong it could come back to haunt you ( or him ).
Exactitude can be important. I don't know where you get a precedent ( I have been retired for some time ) but can only suggest you try a law library.
3. It is probably best to settle the finances between Decree Nisi and Decree Absolute, but in any event most orders do not take effect until the decree absolute.
4. It should be sufficient to complete the form. But the Court can always ask for more information. It must be satisfied the agreement, is a fair one.
5. You will note that the form makes provision for you both to sign it to indicate your agreement. The Court can always ask you to attend in person if it is not satisfied the agreement is a fair one.

Mike 100468

Oldie,

Mike has it down to a tee.

I would add that the D48B is for the application for absolute so don't send it in with the application for a Consent Order.

Do not whatever you do,couch the terms of the Consent Order in ordinary English. Draw up a Mintes of Agreement in ordinary English and then get the precedents from a friendly solicitor or Law Library as Mike suggests.

Don't forget a the Court fee; £40! It's a bargain!

Very good luck and please let us all know how you got on.