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James Mather
James Mather,
Category: Family Law
Satisfied Customers: 1390
Experience:  Senior Partner at Berkson Wallace
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If a consent order is not signed is it legally binding

Customer Question

If a consent order is not signed is it legally binding
Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
Thank you for your question
I shall do my best to assist you but I do need some of the background to the question first.
What sort of proceedings have led to this Consent Order being drawn up?
Customer: replied 4 years ago.


The proceedings were a TOLATA.


To cut a long story short I was successful in a TOLATA, my solicitor advised me that It unlikely I would be able to recover my cost circa £30K from my ex partner as they are would not be part of the TOLATA judgement, and I would have to pursue them via another claim.


So the solicitor drew up a Consent Order, which in effect meant I got zero cost, but washed my hands of my ex. During this time I had written to the judge to ask why my costs could not be included in the TOLATA as it made no sense to pay them a small amount of money when they owed a huge amount of costs. The Judge finalised the judgement and allowed me to take my cost from the pot of cash from the sale, before my ex got a pennt. I have been told this is not usual and cost become a separate issue.


However the consent order had been sent to my ex partner and he signed this after he saw he would be paying my costs and not getting cash up front. I never signed the order.


Now I am being told I am on shaky ground in refusing to sign the order, but if I do I lose all my costs, and despite no signing it I am told he could claim against me.

Expert:  Clare replied 4 years ago.
When you say that you were successful do you mean following a full court hearing?
If so why was the Consent Order prepared?