Quick Answer: Can A Judge Refuse A Consent Order?


You can file an application for consent orders at a family law registry, or electronically on the Commonwealth Courts portal.

Currently the fee is $160.

The court will not automatically make the consent orders you have agreed upon..

It means there are no ongoing commitments between the parties. This may include the maintenance or an order in regards to a property being sold etc. A consent order is a legal document that defines how your financial assets and childcare are to be divided. It should be set before the decree absolute is finalised.

The Court approves the proposed consent order The Court will return an approved consent order to both parties (and solicitors if involved). The Court can change your proposed agreement. Make sure you re-read the document. If there are any mistakes, you should act fast to have them rectified.

A Consent Order is exactly the same as a Clean Break Order only it is drafted for those couples who have financial assets to be divided. … It will also include a paragraph that prohibits either party from making a financial claim against the other in the future.

A financial order is the only way to ensure that any financial obligations between you and your ex are cut. There are two main financial orders – a consent order and a clean break order. Consent orders are for divorcing couples who have assets to divide and who want to make their Financial Settlement legally binding.

A clean break order is a type of court order in divorce proceedings that is made by consent and approved by the court. It severs all financial ties and protects you against your ex-partner making a future claim against any assets you have or acquire.

Provided the order has been drafted correctly and your agreement is reasonably fair, it will be stamped and become binding as soon as your divorce is finalised.

A consent order can be filed without the assistance of a solicitor, however, the legal paperwork outlining your financial agreement must be drafted by qualified solicitors. You may be thinking, ‘I don’t want to spend thousands sorting out my finances when we’ve already agreed the split’.

Can my ex wife claim my pension if I remarry?

Your basic State Pension can’t be shared if your marriage or civil partnership ends. Divorced couples can use their former spouse or civil partner’s National Insurance contributions to increase their basic State Pension. … You lose these rights if you remarry or enter into another civil partnership.

Ideally from the Judge’s perspective if both parties have had legal advice this will normally be sufficient. … however, the judge may refuse to sign the consent order until he is satisfied that you both are fully aware of the implications.

A consent order must be freely agreed between the two of you. You are each free to negotiate a change to the agreement at any stage before signing. Once the consent order has been agreed by the judge and sealed, it is final. Unless you can negotiate changes with your ex spouse, you cannot usually change the agreement.

A Consent Order is like the contraceptive pill, it is 99.9% reliable. It can only be overturned if there has been fraud, a mistake or an “intervening event”. To qualify as an “intervening event”, the event must be: Soon after the Consent Order has been sealed by the Court (normally within 12 months).

Benefits of Consent Orders Once Orders are made, they are final. Unless the parties agree, it is extraordinarily difficult to vary an Order once made. Once Orders are made, they are enforceable.

A consent order can also be filed after the decree absolute – but it is advisable to reach a financial settlement before divorce proceedings have concluded (ie prior to the decree absolute being issued). If one party has remarried, this can prevent them from later making a financial claim against their former spouse.

Who pays? If the case is seen in court, then the party who has initiated the case pays the fees. If the court finds that there has been a breach, then the person who has broken the order will have to cover the court costs and any solicitor fees of both sides.