Introduction >> Financial Arrangements |
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Step 4 | In over 90% of cases a deal is reached at or before the FDR and is written up as a Consent Order. A small minority of cases proceed to a final hearing where the court hears arguments from both sides before imposing a settlement in a Court Order. |
Overview:
Cases conclude in one of two ways: 1. Through negotiation a deal is agreed. 2. In the absence of a negotiated deal, the court has no option but to impose a deal. |
Process:
Consent Order The process for achieving a consent order is as follows: 1) The parties need to reach agreement through some form of negotiation (see previous step). 2) This agreement then needs to be written up (by a legally trained person, so a solicitor or paralegal) as a Consent Order. 3) The two parties then review the written order and may ask for amendments/additional clauses. Once both sides are happy then the document can be signed. 4) The consent order is then submitted to the court for a judge to approve it. 5) As long as the judge is happy that the Consent Order represents a fair deal for both parties then it is approved and comes into effect. Imposed Financial Order 1) At the end of a Final Hearing the judge drafts a financial order and reads out the order to the two parties. 2) Within a couple of days the order is written up by the court staff and a copy provided to each party. 3) It is common to include a clause that allows the parties to apply to the court for amendments to the timing and implementation of the order. For example the order lay stipulate that the family home is to be sold within 3 months, but the two parties may agree to extend this time limit. |
Frequently Asked Questions:
Useful resources for this step:
{xtypo_info} Useful Links for Obtaining a financial order {/xtypo_info} |