Clean Break Consent Orders
What is a Clean Break Consent Order?
A Clean Break Consent Order is a dismissal of claims
made by either party against the other. This most likely will include a dismissal of all claims now, in the future or
It is advisable
that there is full financial diclosure obtained before making the decision to enter into a Clean Break Consent Order.
In any event, when the Consent Order is filed with the Court both parties have to complete a Statement of Information setting
out their financial circumstances. A District Judge will then decide whether or not to grant the Consent Order.
If a Consent Order has been drawn
up and one party has not had legal advice, the Court is likely to list the matter for a short hearing to ensure that they
have considered the fact that the settlement may not be in their best interests as they have not been advised on what they
may be entitled to.
Once a Consent Order has been granted
it is legally binding upon both parties.
Can a Consent Order be varied?
No, it can't, although in some circumstances it can
be set aside. There would have to be immediate action once the circumstance is discovered.