Lecture notes
Family Law and Practice WS08 D1
- Module
- Family Law
- Institution
- City University (City)
Family Law and Practice WS08 D1
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LEGAL PRACTICE COURSEFamily Law
Workshop 8
Topic(s):
Financial remedies - Consent orders
Learning Outcomes:
By the end of this session you will be able to:
Draft a consent order
Explain what should be included in a consent order and why it should be included
Follow the procedure to obtain court approval of a draft consent order
Session Activities:
Consideration of consent order
Amending a consent order
Materials Attached:
In-Session Task: Task 1 – Consideration of the contents of a Consent Order
Task 2 – Amending/Drafting Exercise
Documents to Be Released:
Model Consent Orders (d2)
Preparation for Session:
Read Chapter 10 CLP Family Law in Practice
Post-Session:
Consider the documents handed out in the session and review your understanding of the
requirements of an order.
Consent Orders – Introduction
docs_625842752.docx 1/7 © City, University of London 2019
, • Very common in family law practice (a form of a court order, so parties reach own
settlement e.g. on finances/children then draw this up to be a binding court order)
• The parties can negotiate a financial settlement – highly encouraged to do so
• Once the parties have reached an agreement, A’s solicitor would draw up a draft
consent order and send it to R’s solicitor.
• Once approved in final form, sent to court for approval (with supporting documents)
• Once approved by the court, the order is stamped and returned to the parties
• A consent order (once “rubber stamped’ by the court) it is equivalent to court order
Negotiated and mediated settlement between the parties and then sent to the court for
approval to become a court order, so can be enforceable
1. What Section in the MCA 1973 provides for Consent Orders?
Section 33A MCA 1973 – grants the court specific powers to make orders in the terms
suggested by the parties
2. Following a negotiation, parties may agree terms of settlement, but why should
these terms be drawn up by way of a Consent Order (instead of agreement)?
Consent Orders v. Agreements – if upgrade agreement to a consent order it becomes a court
order, if court order is breached (e.g. lump sum not transferred), seek enforcement easily
The key is enforcement
Consent order is a court order – if breached enforcement action easier (11.2.2 of manual)
o Attachment of earnings (employer is asked to send earnings directly to applicant –
very common if respondent is not making payments, this is very effective as it is
embarrassing for the respondent for the employer to know about their personal
circumstances that they are not paying maintenance for their ex-wife )
o Warrant of Control/Bailiff Order (common in practice, ask court to send court bailiff to
visit respondent and seize goods up to amount of the debt, sold and the money is
paid to applicant, quick measure and not expensive like attachment of earnings)
o Third Party Debt Order (use useful in practice, can freeze a bank account of the
respondent, and bank/building society are then requested to pay directly out of that
account the applicant, only useful if respondent has sufficient funds in the account)
o S.24 MCA 1973 (Order for Sale) – ask the court to force a sale through, like order for
specific performance, say respondent was supposed to transfer property to applicant
but is not and is delaying, then can ask court under s.24 to sign the necessary papers
and force respondent to carry out the sale
o Charging Order – very rare in practice and very complex, it is more of a remedy of
last resort, the applicant will be registered in the charges register of the property, so
they have an interest should the property be sold (very rare to occur as the applicant
has to wait for their money, and will not want to wait for years for their money)
o Judgment Summons (rare, last resort e.g. where respondent is being sent to prison,
does not help the applicant to get their money)
An agreement is a contract and is not necessarily final or binding and the remedies available if
it is breached may not be appropriate issues with enforcement, will then be just enforcing
under contractual principles – damages, specific performance and injunctions –need to go to
civil court for breach of contract, remedy may not be appropriate upgrade to consent orders
3. If parties want their settlement incorporated into a Consent Order, what procedure?
A full hearing is not necessary but the court must have full information:
• File D81 (Statement of Information) either jointly or separately (can be filled alone or
jointly) – summary of assets and liabilities of the parties
• File Draft Consent Order x 2 (one copy must be signed by R to show agreement).
• If the Consent Order contains an undertaking that party must also sign the draft order.
• File Form A if not already done + Court Fee: £50
• If satisfied, the judge will grant the order/ If not satisfied, a hearing may follow.
© City, University of London 2019 2/7 docs_625842752.docx
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