Financial Remedy Consent Orders - Get to Grips with Drafting Techniques & Avoid Errors

Introduction

In financial remedy cases, a consent order is an agreed order approved by the court that disposes of some or all of the proceedings. It can also dispense with the need for interim court hearings. Parties and practitioners must be clear that it is their responsibility to ensure that a consent order is drawn properly. As a result, practitioners will be all too aware that any errors can not only lead to further delay and costs but also complaints.

Consent orders can be utilised not only for final orders, that bring about a conclusion to the case, but also throughout contested proceedings. This course will look at only not final consent orders but also those that can be utilised throughout the process.

This course will help you draft consent orders and equip you with a range of useful hints and tips. It will also explore some considerations and likely concerns of the court to help you avoid these potential pitfalls.

What You Will Learn

This course will cover the following:

• What is a consent order and its legal basis
• The Court’s duty when considering a consent order and any likely concerns of the court
• Most common types of orders made by the Court
• Planning ahead for potential enforcement issues
• The financial remedy ‘omnibus’ and recent updates
• Drafting principles and an exploration of the legal basis behind recitals, declarations, undertakings
• Mock cases and scenarios that will allow the delegates to get to grips with drafting techniques
• Relevance of settlement agreements, pre and post nuptials agreements and how to include reference to these within a consent order
• Supporting documents to assist with the approval of the consent order
• Practical hints and tips