Application for Consent Orders
After reaching an agreement with your former partner, the next step is to file two important documents to get the Court to make orders that align with the agreement. One of these documents is known as an ‘Application for Consent Orders‘, which can be easily downloaded from the Court’s website. In addition to other requirements, the Application for Consent Orders necessitates both parties to disclose all their assets and liabilities, along with their respective values. This includes assets and liabilities acquired before, during, or after the relationship.
Full disclosure is mandatory, regardless of when the assetsor liabilities were obtained. The reason for the extensive information requirement is to enable the Court to assess whether the proposed outcome is fair.
The Court does not simply rubber-stamp the agreed orders; it must ensure that the outcome is just and reasonable based on all relevant information, including the details of the current assets and liabilities of both parties. By having a comprehensive understanding of the assets and liabilities of each party, the Court can ascertain the distribution and how it aligns with the overall asset pool. Therefore, it is crucial to complete the Application accurately and thoroughly.
Given that the Application for Consent Orders can be confusing, many individuals find it helpful to have a solicitor prepare it. Proper preparation is essential to avoid potential issues. If the application is not correctly prepared, the Court may issue a requisition requesting additional information, which can lead to further complications.
A well-prepared Application for Consent Orders also serves as a means of disclosure, providing each party with a clear understanding of the other party’s assets and liabilities. This detailed financial disclosure ensures that both parties fully comprehend the financial implications of the agreement.
If you have any question in relation to consent orders please contact our office to discuss