What are the disadvantages of 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 associated with obtaining Consent Orders far outweighs any downside.
It is the case however that Consent Orders relating to spousal maintenance can, in some circumstances, be varied by the court notwithstanding that they might form part of your Consent Orders. There are very specific criteria that the court must be satisfied of in relation to spousal maintenance applications, and it is therefore not all that easy to have Consent Orders pertaining to spousal maintenance overturned; however, it can be done. If spousal maintenance is a significant issue for one or both parties then it may be the case that a binding financial agreement is a better option than Consent Orders, as this will more likely result in both parties being precluded from bringing an application for spousal maintenance against the other party in the future through the Family Court. However broadly speaking, there are very few disadvantages to having Consent Orders in place.
