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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have filed a Form A, D81, Consent Order and the court have

Customer Question

I have filed a Form A, D81, Consent Order and the court have stated that the proposed consent order is unclear and inappropriately worded throughout and stated there are no warning notices etc in relation to the undertakings. The court has stated I ma remedy and re-submit but have retained the consent order I originally filed. Is it ok just to file just a draft order inserting by consent it is agreed etc or would I need to re-draft another consent order ?
Assistant: Thank you. Can you provide any more details to help us find you the right Expert?
Customer: It relates to family proceedings husband and wife have agreed the terms and it simply getting the consent order sealed by the court
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. As the court has indicated that the consent order is worded inappropriately throughout, you would need to redraft the entire consent order. I refer you to this court precedent ( which you can use and incorporate the relevant clauses and amend as necessary. You will both need to sign the newly drafted consent order and resubmit to court. Furthermore, if you have not obtained detailed independent legal advice regarding the consent order and financial settlement I would highly suggest you do - as you will see from the court's response, this is not a straightforward matter and there are complex legal issues that you should seek advice about.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you

Expert:  Harris replied 1 year ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.