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Consent order
October 19, 2022 10:43PM
If man and wife agree on the financials and these are written up into a consent order to be approved by the court, when do the things agreed in the order have to be done? For example if there is a marital home and the agreement is a 50/50 split after costs when would the house be put on the market? After court approval?
Re: Consent order
October 20, 2022 11:04AM
Court orders always specify timescales because without timescales they would be unenforceable. What particular timescale is appropriate for any given event very much depends on the factual circumstances but timescales are always specified in this type of court order. If the court is being asked to approve something which has been agreed then the timescale should also form part of the agreement. A court will not approve an agreement without a timescale in this type of case.
Re: Consent order
October 20, 2022 01:21PM
Thank you. Useful information. So we agree how the asset will be shared and when that asset will be sold and therefore nothing changes until the court order is issued.
Re: Consent order
October 20, 2022 03:20PM
Nothing is enforceable until you have a court order (and decree absolute). Indeed, you would be very unwise to transfer any property or pay any significant sum unless and until there is a court order in place which has been approved by a court.
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