Errors in Consent Order Applications

Errors in Consent Order Applications

While you and your partner may want to separate quietly and on good terms, it is still important in this instance to have a solicitor check your documentation to ensure that;

a)       the Terms of Settlement list and include all assets, liabilities and financial resources of both people, omissions and details left out may lead to further disputes.

b)       the order is drafted correctly. It is important that values, time constraints for any payments, and any other relevant conditions be clearly stated in such a way that the Court deems easily enforceable. Poorly drafted orders may be deemed unenforceable.

c)       the Terms of Settlement include penalties for any conditions or agreements that are not meet by the other person.

d)       your order clearly states who is required to do what and who is to receive what.  Failure to make this clear can lead to an unenforceable order. If Jack is to transfer a particular asset to Jill and Jack is to be responsible for that transfer by a particular date, your order needs to say so clearly.

The team at Antwan Lawyers is able to assist you with this. Helping you to avoid these common mistakes and assisting with the process. Independent legal advice is also necessary to avoid the Order being set aside on the grounds that it was signed by one party who claims to have not understood what they were signing, or who did so under duress (that is they were forced).

Please do not hesitate to "Call Us" for immediate professional advice 

Consent Orders can also include agreement pertaining to Children. For further information please read our article regarding Children and the Divorce Process

[ILW1]  

[ILW2] 

 [ILW1]Recommended link to separate Article Children and the Divorce Process. I thought this was best separate from the bulk or more generic information and so have constructed an entirely separate article.

 [ILW2]This constitutes a re-write of ‘What do I need to know about Consent orders’ Section 3.