Consent orders – what are they?

When a matter is taken to court, parties can, in some instances, make an offer to reach an agreement before the dispute proceeds to trial in a bid to save both money and time.

When an agreement is reached between the parties, it is of vital importance that the court is notified of the agreement by way of a ‘Consent Order’. A Consent Order is a legally binding document which details what has been agreed by the two parties and gives indication to any time limits in place.

Once a Consent Order has been drafted by the parties’ respective solicitors and the parties have agreed with its terms, it will then be filed with the court for approval. It is important to note that the court is not obliged to seal the order on the mere basis that both parties agree on some terms. The judge will first take into consideration the details of the order and the circumstances of both parties. The court will only seal the order if it is satisfied that the agreement is fair.

Once approved, the order (which is valid indefinitely), becomes a legally binding document, enabling the ‘winning’ party to return to court and enforce the judgment given if the other party does not comply with the order.

If you have any questions relating to this article or would like any assistance, contact the experts at Lawdit Solicitors today.

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