If you have divorced or are planning to do so, you likely understand the importance of a consent order. Without such an order, any financial arrangements you make may not be legally binding.
While consent orders are crucial, circumstances can change unexpectedly, potentially making the original agreements less suitable.
This raises the question of whether it’s possible to modify the terms of a consent order once it has been issued.
If you are considering creating a consent order or already have one in place, seeking specialised legal advice from an experienced family law solicitor is essential.
Consent orders and financial settlements are areas of expertise for our family law team, enabling us to offer expert guidance on your options and the steps you can take to tailor an arrangement to your circumstances.
Can a consent order be reopened?
In most cases, once a consent order has been approved and sealed by a judge, it cannot be reopened or revisited. At this stage, the consent order becomes legally binding, and any changes to its terms can only be considered under very limited circumstances.
For example, it may be possible to challenge or set aside a consent order if:
- One or both parties failed to provide full and accurate financial disclosure
- There is evidence of fraud or mistake
- There is evidence of incapacity or duress
- There has been an exceptional change in circumstances, which invalidates the basis of the order
Can a judge change a consent order?
Judges have the authority to reject an application for a consent order if they deem it unfair or inappropriate. They may inquire about the agreement or your circumstances during this process. However, judges cannot modify the proposed terms during the application review.
If a judge rejects a consent order, it’s important to understand that this doesn’t conclude the process. Revisions will be necessary to address the judge’s concerns, and an amended order must be resubmitted for review.
It’s beneficial for all parties involved to obtain approval for an order with minimal delays. If both you and your ex-partner have sought legal advice on the contents of the consent order, it reduces the likelihood of rejection during the application process.
How do you modify a consent order?
In certain circumstances, a consent order may be modified if there are changes or difficulties that arise. The ability to vary the order will depend on the specific provisions outlined in the consent order. For instance, adjustments can be made to spousal maintenance orders regarding the amount, duration, or whether they should be terminated or converted into a lump sum (a clean break).
If there are challenges in executing or fulfiling the terms of the order, either party can apply to the court to make changes or establish additional arrangements to enable the order to be implemented effectively.
Different procedures apply depending on whether you seek to modify a financial order or implement a consent order, and full financial disclosure may be required. If you wish to vary a consent order, it is advisable to first discuss the matter with the other party with the aim of negotiating an agreed variation, ideally formalised in a consent order.
Our family law solicitors are here to help
Applying for a consent order after reaching a financial agreement is a significant step, offering security, peace of mind, and a clear separation from your ex-partner. However, circumstances may change, necessitating a review of the order and your options for obtaining a new arrangement.
Expert legal advice from our team can assist in clarifying your options and determining whether your existing arrangements can be revised.
At DLS Solicitors, our team is dedicated to providing personalised legal advice on consent orders and ensuring a straightforward, stress-free process for our clients.
