Is a Consent Order Legally Binding?

Yes. Indeed, the idea of a consent order is that it ensures a private agreement is made legally binding.

  • How both parties intend to split assets such as money and property
  • Any arrangements for spousal and/or child maintenance
  • Arrangements for residence and contact of children.

The idea of a consent order is that it makes informal arrangements legally binding and therefore enforceable through the family Court.

As a consent order is a legal document, it should be drafted by an experienced legal professional. There are specific legal rules as to what you can and cannot include in a consent order, and so it’s important that it is drafted in a way that ensures it is legally binding, and that you have recourse if the order is not adhered to.

Note that you can only have a consent order once the divorce has been issued. You can apply for a consent order once the decree nisi has been granted in the divorce proceedings. It becomes legally binding when your decree absolute has been granted.

The only instances where a consent order may not be legally binding are when the Court believes that the agreement you have reached is not fair to both parties or not in the best interests of your children. A Court will not approve a consent order in these circumstances.

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