Consent Orders
Consent Orders
Cost effective
Having a Consent Order could be cost-effective because it prevents both parties from
paying legal fees for litigation that could take a while. This could be a waste of the
resources that the family has, which a document like a consent order can prevent.
Enforceability
Having a Consent order could prevent one party from going back on their word. Due to
a breakdown in a relationship, it could be difficult to trust either party; especially with
issues concerning finances, property and children. Once both parties have a consent
order that has been fully approved by the court, the terms of the agreement become
enforceable which prevents either party from reneging.
Variation
A Consent Order can be varied by the court at any time, especially for spousal
maintenance as contained in s.83(1)(f) of the Family Law Act 1975. This could also
be advantageous where one party seeks to obtain an increase in Spousal Maintenance
and the court could take factors into consideration as contained in s.83(2).
Time wasting
The court may take a lot of time sealing the orders because they have to be in the
appropriate form to be accepted by the court. Furthermore, the resources at the
disposal of the court could hinder the order from being approved quickly.