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The court's role when considering a draft financial consent order is not simply to act as a rubber stamp. The court has a duty to scrutinise the agreement before it, but may make an order in the terms agreed on the basis of the information set out in the parties' statements of information, unless it has reason to believe that there are other circumstances into which it should enquire. The court will always retain its discretionary role under the Matrimonial Causes Act 1973. Clients should be advised of this and warned that it is not guaranteed that the court will approve the order (see Pounds v Pounds).
The procedure for lodging a financial consent order is set out in Family Procedure Rules 2010 (FPR 2010)
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