Entries by Brendan Hanks

How to apply for a Family Court Consent Order?

  Quite often clients ask us how to apply for a family court Consent Order? If you do not already have court proceedings on foot before the Family Court then there are two documents that must be filed to apply for a family court Consent Order.   The first document is called an “Application for […]

How does a Consent Order work?

Quite of clients ask us How does a Consent Order work? In essence a Consent Order works in exactly the same way as any court Order. Provided that it is properly drafted it should be enforceable in the same way as any other court Order is otherwise enforceable.  So this means that if it is […]

What are some disadvantages of signing Consent Orders?

  Quite often clients ask us what are the  disadvantages of signing Consent Orders? In our experience, there is usually no disadvantage with obtaining Consent Orders. Whilst it is the case that they cost money to prepare and require the services of a solicitor, most parties find that the financial advantages and peace of mind […]

Can I get divorced before Consent Orders?

  Quite often clients ask us Can I get divorced before Consent Orders? There is no legal requirement that you must apply for a divorce prior to finalising your property settlement or finalising the future arrangements for the care of your children. On the contrary, for most people it is more important and much more […]

What are the advantages of Consent Orders?

  Quite often clients ask us advantages of Consent Orders? Fundamentally, signing off on Consent Orders gives both parties peace of mind that the agreement that they have reached has been both finalised and formalised. Neither party can then come back at a later date and seek changes to the Consent Orders that have been […]

Consent Order and a Court Order

  Quite often clients ask us what is the difference between a Consent Order and a Court Order ?   There is no practical difference between a Consent Order and a Court Order in the sense that both are legally binding and both are legally enforceable by the Court.   The difference between the two […]

When can a Consent Order be set aside?

  Clients have asked us in the past can a Consent Order be set aside?   The parties themselves can set aside a Consent Order if they wish to do so by simply agreeing to this as between themselves.  So for example, if one party was intending to purchase the other party’s interest in the […]

Can Consent Orders be challenged or overturned?

  Quite often clients ask us Can Consent Orders be challenged? Whether the Order is made by Consent or pursuant to a contested hearing, it can still be challenged or overturned, but the circumstances in which this can happen are pretty limited.  For property Consent Orders, the idea is that the court ends the financial […]

Can you change Consent Orders?

    Clients quite often ask us Can you change Consent Orders? The easiest way to change your Consent Orders is with the Consent of the other party. We therefore always suggest to people that they first speak with the other party about their willingness to change the Consent Orders prior to taking things further. […]