Can we achieve an ‘out of court settlement’?

Court applications such as Financial Order or ‘Ancillary Relief’ applications as they are sometimes known, are usually viewed as a last resort. ‘Out of court settlements’ are the norm as the majority of cases are either resolved during Mediation, during the Collaborative Law process or by the parties’ representatives through negotiating a settlement.

If this happens then a document called a ‘Consent Order’ is drafted setting out the agreed terms and is filed with the Court following Decree Nisi or Conditional Order for the Judge’s consideration. Normally if the agreement itself is fair and the judge does not require any further information the Consent Order will be approved and ‘sealed’ by the judge.