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Below is a list of the most common customer questions. If you can’t find an answer to your question, please don’t hesitate to reach out to us.
Can clean break consent orders be overturned by courts? There are some very limited occasions, such as fraud or an intervening event, when a consent order or clean break order can be overturned in the future. If your spouse didn't disclose all of his or her assets, a consent order could be overturned.
Consent Orders and Court Orders are not immune to being overturned, varied or appealed due to reasons similar to those for Financial Agreements. Court Orders even if made by consent also have the added risk of a former spouse being able to make a later claim for spousal maintenance.
Changing a consent order A consent order must be freely agreed between the two of you. ... Once the consent order has been agreed by the judge and sealed, it is final. Unless you can negotiate changes with your ex spouse, you cannot usually change the agreement.
Consent decrees are binding on both parties because they agreed to it. The decree can't be appealed unless there was fraud (lying) by one party, a mutual mistake, or if the court doesn't have jurisdiction over the case.
Consent Orders and other financial settlement orders made in family proceedings are designed to be final. ... There is even a school of thought that Consent Orders themselves cannot be appealed against, simply by virtue of the fact that the people involved have agreed them.
A court order can only be changed or modified by another court order. It does not necessarily need to be issued by the same judge, though most commonly is. The best way to pursue this would be to make a motion to vacate or modify the existing order, made to the same court as had issued the existing order.
If you and your ex do not have joint assets to split, but you want to ensure that neither can make a financial claim against the other in the future, then it's important to obtain a Clean Break Order. ... Again, this would then sever any financial commitments between them.
If you didn't own the property that you lived in as husband and wife and have no children, then a clean break order is still essential to ensure that both parties can move on without being able to be taken back to court in the future for more money.
Only a financial order providing for a clean break can prevent any further financial claims being made. However, if you have not got a final financial order, or made an application to court for such an order before you remarry, you could find that you have lost the right to do so.
A Clean Break Order is used following a divorce and essentially means that each person's financial affairs are completely severed from each other. Without a Clean Break Order or a Consent Order from the Court, your ex-spouse could make a financial claim against you at any time in the future.
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