How long do consent orders take?
You can have consent orders drafted either before or after your divorce. Consent orders can be entered into upon the mutual agreement between you and your ex-partner. Consent orders are ideal for resolving both your property and parenting disputes through one agreement. This blog will provide an understanding on the consent order timeline, if any urgent applications can be made, legal requirements to enter into a consent order and your duties after obtaining a consent order.
How long does a consent order take?
Generally, consent orders would take up to 3 to 4 months to be formalized through the court.
However, the complete processing time for consent orders depends on the type of consent order drafted and court caseload. Once the consent orders are drafted, it is submitted to courts to be formalized. However, judges have the discretion to approve or reject the drafted consent orders on just and equitable grounds.
If your consent order is simple, i.e it has only one real property, no children and the clauses are direct and fair by both parties, courts may not take long to provide approval. However, no guarantees can be provided as the final discretion lies with the judge.
Legal requirements for consent orders
It is mandatory for both the parties to fulfil the full and frank disclosure requirement prior to drafting the consent orders. Under full and frank disclosure, each party must transparently set out their financial circumstances including assets, liabilities, and other financial resources.
It is not mandatory for both parties to obtain independent legal advice, which means that one solicitor is allowed to draft the consent orders on the agreement of both the parties. However, in order to avoid future complexities, it is highly recommended for both parties to obtain independent legal advice at the initial stage of consent order negotiations.
Once the consent orders are drafted upon mutual agreement, the drafted orders need to be submitted to the court for formalization.
Key Takeaways
1. If you are in immediate need of consent orders, you can make an urgent application to court.
2. The time taken for the consent orders to be granted will depend on the complexity of your matter and judge’s discretion.
3. Ensure the consent orders are drafted in the best interest of each party in a fair and equitable manner.
4. Once formalized, consent orders become legally binding and enforceable.
Can you make an urgent application?
If you are in immediate need of your consent order, you can make an urgent application to the court, which includes the drafted consent orders.
Documents required when making an urgent application
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An affidavit stating the facts you rely on in support of the urgent application.
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Cover letter addressing the urgency and outlining the nature of the application.
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The drafted consent orders.
Once the above documents have been filed, the court will consider the application based on the evidence provided and notify you of any further requirements.
What happens after a consent order is obtained?
In order for consent orders to be effective, both parties must ensure that they are followed. It is possible for either party to sue the other if any of the orders are not followed or breached. Consent orders would continue to be in operation until they are altered through another court order.
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