Consent Order Divorce

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Divorce is a grave issue in the modern society. It affects the life of not only the separating spouses but also those who are related to the spouses, for example, their children and family members. Those who are dependent on the spouses also suffer. So while taking a divorce you must think of all the relevant aspects so that the divorce becomes successful and you get the desired short-term and long-term results. Many wise couples choose to go for uncontested divorces which are less-complicated. One important aspect of modern-day divorce is to get a consent order. A consent order divorce is a binding judgment that is agreed upon by both divorcing partners in cases of withdrawal of a criminal charge or putting an end to a civil dispute or litigation.

Some litigations terminate with the judge issuing what is called as a 'consent order divorce' or 'consent judgment' or 'consent decree.' The judge issues this decree that conveys a voluntary agreement between the partners in the lawsuit. This generally occurs when one partner voluntarily accedes to stop a particular action without acknowledging the illegality or damages due to that action.

After a consent decree is entered, it is mandatory for both partners to observe it. It can be subject to review only in the following conditions-

  • The decree was based on a failure of consent or on mutual error
  • The consent was procured by fraud

Consent decrees are covered under both civil laws and criminal laws. If you are willing to go for a consent order in your divorce, you must know all the significant aspects of such a divorce. We present here a brief idea about the various aspects of a consent order-

Types of Consent Order Divorce

Interlocutory Consent Decree

The judge issues a decree to deal with an issue and this does not resolve the case.

Final Consent Decree

This is also called as a 'consent judgment.' The judge issues this decree to resolve the court case. Many times it is observed that this sort of consent decree is an agreement that the partners have reached and has been recognized by the court. This process takes place as follows-

  • The partners reach an agreement
  • The court recognizes this agreement
  • The judge issues a final consent decree
  • This decree is legally binding on the partners

The intentions of the partners to reach an agreement are as follows-

  • Prevent undergoing a time-consuming court proceeding
  • Minimize the costs that would occur due to retention of a legal counsel and filing of legal documents

It is necessary that divorcing couples understand the need of a consent order in a divorce. If your divorcing partner does something which is criminal in nature or if you face any civil litigation, you must file for a consent order divorce. This judicial agreement will bind the defendant from performing such acts in the future. Thus your future will be secured.

If you do not get a consent order, it might happen that your partner may make illegal claims against your property or assets in the future. In such cases, you can reject his claims with your consent order. When you are discussing all the financial matters with your spouse in the present, he/ she may have a particular bent of mind. But with the passage of time, situations, feelings and the human nature may change. Remember your spouse may be alluring you with sweet talks but in times of necessity neither informal agreements nor verbal promises will act in favor of you.

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