Action on reaching agreement prior to final hearing
Action on reaching agreement prior to final hearing

The following Family practice note provides comprehensive and up to date legal information covering:

  • Action on reaching agreement prior to final hearing
  • Consent orders
  • Where heads of agreement may be appropriate
  • Practice on applying for a consent order
  • The statement of information
  • Procedure where agreement is reached at court
  • Procedure where agreement is reached by non-court dispute resolution
  • Duty of the court

It is common for an agreement to be reached prior to the final hearing. An agreement may be reached at any stage of the proceedings right up to the doors of the court. As soon as an agreement is reached, a draft consent order must be prepared as soon as possible recording the terms agreed between the parties.

This Practice Note explains the steps to take where agreement is reached prior to the final hearing of an application for a financial remedy. It includes considerations in relation to a consent order (including by adopting the standard order format), the statement of information (Form D81) and the procedure on applying for the consent order to be approved by the court. It also covers circumstances where it may be appropriate to draw up heads of agreement and considers Rose orders and Xydhias agreements and the approach of the courts where a separate and distinct agreement may be found to exist and contractual remedies applied.

From 6 April 2020, provision is made in the Family Procedure Rules 2010 (FPR 2010) by FPR 2010, PD 41B (Proceedings by electronic means: procedure for an application for a consent order for a financial remedy in connection with divorce proceedings) as to the procedure by which, in the circumstances provided for in the Practice Direction, an application for a consent order for a

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