Write Your Own Consent Order

Published: 03rd August 2007
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Who Needs Them?

There are certain cases where a consent order is strongly recommended.

  • In case a partner apprehends that the other partner is liable to break any part of the divorce terms and conditions. This can be gauged by the behaviour and track record of the partner concerned, and his or her spouse would know about this best.

  • It is very important where children are concerned. Partners who do not win custody often fail to adhere to their duties, and neither turn up for visitation, nor pay the maintenance regularly. The consent order would instil a sense of responsibility where such emotions are normally lacking.

  • In case there is property or assets that are to be divided between the two parties, it is always safer to get a consent order signed. None of the parties may break the rules, but problems can be introduced by third party intervention in the future.

  • In case a partner seems capable of perpetrating some kind of violence or abuse in the future, the consent order would come in handy.

Keeping these uses of the consent order in mind, it has also been termed as a Clean Break order, meaning that it lessens chances of conflict, and adds a note of totality to the divorce granted.

What should One Contain?

Firstly, there has to be a full declaration of assets on the part of both parties. On the basis of this, certain clauses are dealt with when they sit down to decide the terms of the agreement which is to be sealed by the court order.

  • The property: What do the partners want to do about the house they occupied? Intentions of selling it, or any of them residing in it, or it being leased, or any other course of action should be stated in clear detail.

  • Monetary assets: The couple must declare how much money they have and how they mean to share it. Sharing of any pensions should also be cleared, as well as maintenance to be paid by any of the partners.

  • Personal property, movable assets: Partners often spend years bickering after divorce over anything from family albums to luxury watches. This is the time to decide and put all those decisions down on paper.

  • Liabilities: How would loans, mortgages, long term policies, insurance, taxes on property etc be shared? Once again, a clear decision is required.

  • Child custody, maintenance, health charges, tuition fees etc.: All matters regarding children must be decided and set down in the document. This should be done after much consideration, and with a thought about the future.

  • Pets: Who will keep them?

Consequences, Breaches, and the Necessity

We have already dealt with who needs them, and why it is necessary for them. In case of breaches, there will be definitive legal action taken against the party.

An Example of a Consent Order for Child Maintenance

In the Family Court for the district/city of A, between Applicant and Respondent, Consent Order before the right Honourable judge, Name, upon reading the application and all other documents in the file included herein: File no., and upon it appearing that the proper persons concerned have received notice of the application in accordance with the rules of this court, and upon it appearing that Respondent has a gross annual income of GBP X for the purpose of determining the amount of child maintenance, and upon the parties consenting hereto, now upon motion it is ordered that Child Maintenance for Child Name is to be paid by Respondent to Applicant in accordance with child maintenance guidelines, the amount of GBP M per month, payable on the Day of the month, commencing on st date.

It is further ordered that all peace officers shall do any such act as may be necessary to enforce this order and for such purpose they are hereby given full authority to enter any lands and premises to enforce the terms of this order.

Date, signature, stamp etc. (The underlined parts are to be filled in.)

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