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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Is it legally possible to include in the consent order that

Customer Question

Is it legally possible to include in the consent order that spousal support pay,ments will stop when the receiver cohabits for more than 6 months?
Submitted: 4 years ago.
Category: Law
Expert:  Stuart J replied 4 years ago.
Hello, I am Law Denning and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case. I will be online and off-line all day today.

It is my pleasure to try and assist you with this today. Please bear with me while I gather some further information from you in order for me to be able to advise you fully.

Would you explain your situation a bit more please?
Customer: replied 4 years ago.

i suppose the question is clear?

Customer: replied 4 years ago.
Relist: Answer came too late.
Expert:  Ash replied 4 years ago.
Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.

A consent order is an order that is agreed between the parties. This means that the parties can agree to whatever terms they want. The Judge will just want to make sure that the parties understand that the terms of the consent order are legally binding. Therefore you can agree and include anything but both parties need to agree to it.

Can I clarify anything for you about this?

Customer: replied 4 years ago.

i was told that just because parties agree does not mean that the judge would.


 


for example 0 i was told it is exceedingly unlikely that the judge would agree to a clause that stops spousal support after 6 months of cohabitaton

Expert:  Ash replied 4 years ago.
That is a matter for a judge, but usually the Judge will approve whatever terms the parties between them have agreed. It is not for the judge to interfere with an order that has been agreed between them. Alex