What are Court Consent Orders?

Consent orders are used to formalise an agreement reached between the disputing parties in a dispute already before the Court. Usually, an alternative dispute resolution setting such as mediation is used to negotiate the agreement. The agreement made by the disputing parties is “handed up” to the Judge for approval, which then makes it a legally binding agreement, known as a court consent order. The purpose of the consent order is to have a legal agreement without the full Court hearing. Court consent orders are generally used in civil and family law matters where disputing parties have reached an agreement and wish to formalise the agreement without going to trial. 

Disputing parties must first negotiate and reach an agreement. Once they come to an agreement, the terms of the agreement will be drafted into consent orders. It will outline the terms and conditions the parties have agreed to. The language used in the consent orders is negotiated and agreed upon by both parties as part of the agreement.  The agreement will then be handed up along with any other supporting documentation. The Court will review the agreement to make sure it seems fair on its face and in accordance with the law. Once the consent orders are approved, they become an order of the Court and enforceable by law.  Consent orders have the same legal effect as any other Court order. Failure to comply with consent orders can result in legal consequences and actions by the Court.

There are several benefits of Court consent orders, including:

• They are a more cost effective and efficient way of resolving a dispute without going to Court.
• They can be negotiated at any time and are therefore much quicker than waiting for judgment.
• They can reduce the likelihood of future disputes as the terms of the orders are clear and legally binding.
• They allow for both parties to agree on terms of the orders which are specific to their needs and circumstances.
• The collaborative approach can help preserve relationships between disputing parties.
• They provide legal protection to all parties involved. If one party fails to comply with the orders, the other party can seek enforcement through the Courts.

Consent orders can be used as a quicker and cost-effective way to resolve a dispute between parties. The consent order is legally enforceable just like a judgement made by the Court at a court hearing.

If you are going through an alternative dispute resolution, then a lawyer can assist you throughout the process. Contact us for a free thirty-minute consultation with a disputes lawyer.

Any information on this website is general in nature and should not be taken as personal legal advice. We recommend that you speak to a lawyer about your personal circumstances.

Photo by Sora Shimazaki: