What is a Consent Order in Family Law?

In family law, a peaceful and definitive resolution can be quite challenging. A consent order effectively formalizes agreements on children, finances, and property for a structured court-approved mechanism. Consent Order transforms a private understanding into a binding legal document ensuring fairness, legality, and enforceability.

Consent orders are key for someone seeking clarity, control, and closure during a difficult transition. Consent order is a pathway to resolution, dignity, and a fresh start rather than legal formality. Let’s find out what is consent order is and how consent orders work in family law. 

What Is a Consent Order?

A Consent Order is a court-approved document between two spouses over their agreement on child arrangements, financial support, or the division of assets. Once granted by a judge, this agreement holds the power to decide the future path of both parties’ lives and their children.

Consent order features in mutual agreement, judicial validation, and legal force. In mutual agreement, both parties negotiate terms and voluntarily consent to the arrangement over legal representation or direct discussions. In judicial validation, the agreement is formally submitted to a court, which reviews it to ensure fairness and the best interests of any children involved. And, in legal force, the system is quite complicated. If any party fails to comply with any legal order can lead to serious consequences. 

A consent order typically covers the area of custody, decision-making authority, visitation schedules, and holiday plans of parenting arrangements. The financial matters like child support, spousal maintenance, division of debts and assets, and property are also included in the consent order. 

Consent order is very effective in family law because it has finality and security. Compared to expensive and lengthy court battles, it is cost-saving and time-saving. 

How to Get a Family Law Consent Order in Canada? 

In Canada, when you want to obtain a consent order, you must negotiate a full agreement, prepare specific documentation, file it at the right court registry, and wait for judicial review. 

Here is a step-by-step guide on how you can achieve a consent law order in Canada, according to British Columbia and Alberta:

First, file a Notice of Family Claim seeking relief, including what you want, with an agreement in the consent order. Both parties must mutually agree on the terms stating that you two have agreed to the noted arrangements of child or spousal support, and division of property or other matters. Then, serve the notice to your spouse personally, and if your spouse responds to the claim or not within 30 days of being served.  

In the second phase, you file an affidavit explaining the background of your case and how you agreed regarding your marital issues, and attach any agreements you and your spouse have. Next, to obtain your consent order, you either engage in the process of a desk order divorce or set down a summary trial. 

Sometimes, things are not consented to at the start, but somehow settle later. In that case, your lawyer will file a Notice of Application and appear before a judge with a draft consent order signed by both parties. The lawyer will ask the judge to sign it off, explaining the agreements.

In the cases where things are settled from the beginning, the consent Order can happen without requiring anyone to appear in front of the judge through a desk Order divorce.  Proper evidence must be provided to satisfy the judge that an agreement has been reached and everything is in order, so the judge signs the order at their ‘desk’. 

What are the Benefits of a Consent Order?

Obtaining a consent order over court litigation presents numerous advantages. Here is a breakdown of the benefits you can avail of a consent order- 

Control Over the Outcome

The control you can have from the consent order is one of the greatest benefits. Consent Order allows both parties to shape the terms of their agreement actively, whereas in litigation, the judge imposes a decision based only on evidence and legal tests. Both parties can customise their agreement, collaborate to negotiate acceptable terms to everyone, and this process makes compliance smoother and reduces conflict. And it reflects real-world nuances, preserves relationships, and offers peace of mind. 

Cost and Time Efficiency

Consent Order in family law is cost and time-efficient, which can be a game-changer for both parties seeking a solution. It gives faster resolution as it avoids lengthy court battles and swift turnaround. 

Consent order significantly lowers the legal fees cost, court expenses are reduced, and acceleration costs are canceled. So, consent orders offer fast, affordable, and cost-effective solutions for resolving family law disputes. And it also helps parties to move ahead without the financial drain and emotional toll of prolonged litigation. 

Privacy

Consent Order in family law provides high privacy, a valuable advantage in sensitive private matters. It keeps your affair confidential; negotiations occur privately, not in a public courtroom. It shields family, finances, and children from sensitive information. And, the process of consent order preserves your reputation and well-being. 

Consent Order for Spousal and Child Support

A Consent Order can cover both spousal and child support in a single, court-approved agreement. There are tailored packages like “Child and Spousal Support” or “Custody, Parenting Time, Child Support and Spousal/Partner Support” in Alberta.

Child support must follow federal or provincial Child Support Guidelines. Parties can opt for different amounts if the court finds valid reasons, like shared parenting or specific child-related expenditures. It ensures children’s financial needs are met, and child support is prioritized over spousal support if funds are limited.

And spousal support follows the Spousal Support Advisory Guidelines under the Divorce Act. It supports a spouse who may not be financially self-sufficient, considering each spouse’s roles, length of relationship, and financial capacity. 

Differences Between Consent Order and Separation Agreement

There are some key differences between a Consent Order and a Separation Agreement in family law. In a separation agreement, a private contract is detailed in support, property division, custody, etc., negotiated between spouses.  But in a consent order, it reflects the parties’ agreement, approved by a judge. 

A separation agreement can be done at any separation stage, even without filing for divorce. It is convenient when couples wish to explain terms but aren’t ready to divorce or go through court. Whereas, a consent order must be submitted during formal family court proceedings. 

A separation agreement requires a separate court application if enforcement is breaches. But in the consent order, the court approves immediate enforcement, and once done, non-compliance can result in contempt or jail.

Conclusion

Consent order is a fundamental part of family law that transforms private agreements into legally enforceable court orders. Courts apply judicial supervision to ensure fairness, and the order carries the full weight of the law and makes it actionable through garnishment, contempt, or other enforcement means. A  consent order serves as a practical resolution and a legal safeguard by empowering families to tailor their terms.