Order by Consent
Also called a Consent Order.
This could relate to any Court Order that is made between the parties to litigation, but in the family sphere it tends to refer to a financial order that reflects the financial settlement the parties have agreed.
Generally, it is applied for without either party having to attend a hearing, but the Court require some background information about the parties circumstances, which is provided in a Statement of Information for a Consent Order form.
The job of the Court is to check the parties have reached the agreement fairly and that the terms broadly reflect what it would consider to be ‘fair’.
There is now standard wording for the terms of such orders, but this is not yet mandatory.
It is likely to be difficult for a lay party to draw up an effective Consent Order. It is most common for these to be on a ‘clean break’ basis i.e. they end all ties between the parties: this has no impact on child maintenance claims or any claims the children may have for themselves.
There has to be a divorce in progress to apply for a Consent Order and the Court only has the power to approve one once the Decree Nisi is pronounced.
They can also be made in proceedings relating to the arrangements for the care of children, whether the parties are married or not, but only once a formal application has been made to Court to sort these issues out.
Daniel has over 20 years’ experience as a specialist family law solicitor. He is Head of the Family Law team at Grindeys Solicitors based in Stoke on Trent.
Daniel has a particular interest and experience in dealing with business owners, company directors and members of the medical profession in matrimonial situations. For this type of work a solicitor who understands your business accounts and business structure is vital to obtain the best financial settlement possible.
Recent cases include one involving an international business and extremely valuable assets and pensions, as well as property abroad. He has acted for numerous doctors and other medical professionals, council workers, police officers and serving members of the armed services. In twenty-three years, Daniel has dealt with all walks of life and will adopt a professional yet caring approach to your situation.