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 upon death.
It is advisable that there is full financial disclosure 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.