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Consent order

Posted by Coolhand 
Consent order
April 10, 2021 10:22AM
Agreement reached in mediation, applied for divorce. Do we both need to obtain consent orders or will one covers both parties. Money is tight
Re: Consent order
April 10, 2021 12:20PM
Final court orders in divorce financial proceedings - whether by consent or not - cover all the financial issues between both spouses. That is the point of them. They settle financial issues formally and finally. You do not need one each. One such court order settles the financial issues between both spouses.
Re: Consent order
April 10, 2021 02:49PM
Thank you for info. I was told by mediator that both of us now have to take agreement to respective solicitors and get a consent order drawn up. That seemed over the top to me
Re: Consent order
April 10, 2021 04:13PM
I think you have misunderstood the mediator or the mediator did not explain it very well. There is just one document to draw up. Doing that almost invariably requires the help of a solicitor so one of you will have to take the result of mediation to a solicitor and get the agreement drawn up in the form of a court order. Now, the other solicitor does not have to instruct a solicitor if they don't want to BUT it is sensible to get such a document independently checked by a solicitor acting on your behalf. Remember the solicitor who acts for the spouse who gets the agreement drawn up legally is acting for that spouse. That solicitor does not act for the other spouse - whether legally represented or not. A solicitor cannot act for both parties in a divorce because there would be an obvious conflict of interest.

The point is if you are asked to sign a document which has been drawn up by a solicitor acting for the other spouse then common prudence suggests you should have the document checked over legally before you sign it. If you do not then you sign such a document at your peril. It will have been drawn up with your spouse's interests in mind, not yours. Possibly that might not matter but it easily could if there are two ways of drawing up the agreement reached in mediation. If there are two ways the solicitor of the spouse asked to draw the document up will use the interpretation most favourable to his/her client.
Re: Consent order
April 11, 2021 08:22AM
Thanks David for clearing that up, that makes sense now. Will have that order checked. Regards coolhand
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