Why would a consent order be granted by the courts when only one party had signed by mistake and is the consent order still legally binding?

9th Dec 2019

CATEGORY: Family

LOCATION: HAMPSHIRE

1 answer
  • Essex Family Law

    Without knowing the background to how the order was sent to court, this is hard to answer.

    Consent orders are often signed by both parties, but there is no need for this where the terms have been negotiated and agreed, especially if this was done through solicitors.

    The court would usually expect there to be some sort of evidence that there was an agreement before approving a consent order and provided they had that, the order would still be binding on the parties.  

    If you are concerned that the order does not actually reflect any agreement that was made, then iti is important that you get good legal advice about whether it can be appealed or set aside, as soon as possible.  The longer it is left, the more difficult it will be to persuade the court that anything is wrong.

     

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    Essex Family Law

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