A consent order provides a legally binding agreement between parties, typically in family law matters, such as property settlements or parenting arrangements.
Once the court approves it, a consent order is as binding as any court order made after a contested hearing, providing security and peace of mind to the involved parties.
Consent orders offers numerous advantages that will be outlined in this article.
Key Takeaway: The primary advantage of a consent order is its legal enforceability, offering certainty and security.
1 – Certainty and Finality
A significant advantage of a consent order is its certainty and finality to agreements between parties.
Unlike informal agreements, which can be disputed later, a consent order is legally binding. This means that both parties are legally obligated to adhere to the terms set out in the order, reducing the risk of future disputes.
The finality of a consent order ensures that all matters are resolved, preventing either party from revisiting the issues in the future unless there is a significant change in circumstances.
Key Takeaway: A consent order provides certainty and finality, reducing the likelihood of future disputes.
Also read: Sealed Consent Orders: 5 Essential Steps
2 – Legal Enforceability
Another advantage of a consent order is its legal enforceability. If one party fails to comply with the terms of the consent order, the other party can take legal action to enforce it.
This enforceability provides a strong deterrent against non-compliance and ensures that the agreement is upheld, offering both parties protection under the law.
Key Takeaway: Consent orders are legally enforceable, ensuring that all parties comply with the agreement’s terms.
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3 – Time and Cost Efficiency
Obtaining a consent order is generally quicker and more cost-effective than going to trial.
Since the parties agree on the terms before submitting the order to the court, the process avoids the need for a lengthy and expensive court battle.
This efficiency not only saves money on legal fees but also reduces the emotional strain associated with prolonged legal disputes.
Key Takeaway: Consent orders save time and money by avoiding lengthy court proceedings.
4- Flexibility in Agreement
Consent orders offer flexibility in crafting an agreement that suits the specific needs of both parties.
Unlike court-imposed orders, which may be rigid, a consent order allows the parties to negotiate terms that are mutually acceptable.
This flexibility can be particularly beneficial in complex financial or parenting arrangements where tailored solutions are needed.
Key Takeaway: Consent orders provide flexibility, allowing parties to create tailored agreements that best suit their needs.
Also read: How to Change a Consent Order
5 – Minimising Conflict
By reaching an agreement through a consent order, parties can often minimise conflict and maintain a more amicable relationship.
This is particularly important in parenting arrangements, where ongoing cooperation is needed for the wellbeing of the child.
The process of negotiating a consent order encourages communication and compromise, which can lead to better outcomes for all involved.
Key Takeaway: Consent orders help to minimise conflict, promoting a more amicable resolution.
6 – Protection Against Future Claims
One of the less obvious advantages of a consent order is the protection it offers against future claims.
Once a consent order is in place, neither party can make further claims against the other regarding the matters covered by the order unless there has been a significant change in circumstances.
This protection provides long-term security and peace of mind, knowing that the agreement is final.
Key Takeaway: Consent orders offer protection against future claims, ensuring long-term security.
The advantages of a consent order are clear: it provides legal enforceability, certainty, and finality, while also being time and cost-efficient.
The flexibility it offers allows for tailored agreements, and the process itself can help minimise conflict.
Furthermore, a consent order protects against future claims, providing lasting peace of mind. A consent order is a valuable option for those seeking a reliable and secure way to formalise agreements.
