When signing consent orders, is there a cooling off period?
Once Consent Orders are made, there is no cooling off period. Unless it can be established by a fresh application to the court that the Consent Order should be set aside, once orders have been made by the court they will remain in effect. For this reason, it is often a very good idea for parties to obtain independent legal advice prior to signing off on Consent Orders, especially if they have any doubts or reservations about their position or if they want enough time to contemplate the Orders that will be made.
You may withdraw your consent to the making of Consent Orders between the time when you sign them and when the court considers the matter and makes Orders in accordance with the documentation submitted to the court. If Consent is withdrawn, then the court has no jurisdiction to issue Consent Orders. The court usually takes four to six weeks from the time that the signed documents are submitted to the court until the Consent Orders are issued, so you have time to withdraw your Consent during this period. It is imperative that you or your solicitor inform the court as soon as possible if you wish to withdraw your Consent, as once the Consent Orders are made, it is very difficult to change them.
If you have any questions in relation to When signing consent orders, is there a cooling off period? or consent orders please contact us to discuss your proposed agreement. We provide an instant quote for your agreement online that is fixed and includes all aspects of the documentation and submission process. General information about Kate Austin Family Lawyers can be found on our home page or if you would like information about our story or Rachel and Brendan there are links on our home page.
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This information is general in nature and cannot be interpreted as legal advice. Legal advice can only be provided by a qualified legal practitioner.