Understanding the Legal Aspects of Consent Order

Marital property is an essential element that is divided among the spouses in divorce cases. However, it is a voluntary thing to divide such property. So, if you are not willing to divide it, both partners should reach a consensus and sign an agreement about not dividing assets. However, you must also remember that this agreement is not valid until there is a consent order from the court. 

If you are unaware of the consent order and what it is, then you can stay with us in this article to learn more about this order in detail. However, it is not an easy process, and therefore, you must consult an experienced attorney about the case in Birmingham. You can consult a Birmingham divorce attorney for a better understanding of the case. 

What is a Consent Order? 

It is a court order legally binding on both parties involved in the case. The consent is given on an agreement that is signed between both spouses in a divorce case. The agreement states the division of assets between the spouses after the divorce. There will be detailed information about the division of property, money, pensions, investments, and savings. The consent order also involves the child and spousal maintenance. 

A consent order is only achievable when there is a complete divorce procedure and the court has accepted the divorce. 

What will happen if Someone does Not Apply for a Consent Order? 

If the spouse does not apply for a consent order, then it can create significant problems for the parties at later stages. It is mandatory to apply for a consent order to avoid legal battles. For instance, if you do not have a consent order, your ex-spouse can claim your share of wealth. There can be other instances of making money from you, and therefore, you must apply for a consent order. 

What are the Factors that determine the rejection of a consent order? 

There are some factors that can lead to the rejection of a consent order. Judges review the whole agreement, and if the judge disagrees with any point, they can reject the consent order. Some of the essential reasons for rejection can be: 

• There is a lack of complete disclosure of financial assets. 

• The property aspects have not been considered thoroughly. 

• If there is any evidence of pressure and coercion. 

• Legal or clerical errors. 

What happens if the Court Rejects the Consent Order? 

If the court rejects the consent order, then both parties have to make modifications to their agreement and present it to the court again. The partners must provide complete details about the financial assets to ensure that the consent order is not rejected.