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Consent Decree

September 20, 2022 Cindy Best

A consent decree is a final divorce or legal separation decree entered by agreement of the parties rather than after a contested trial. Both spouses have agreed on every required issue and the court approves and enters that agreement as a binding court order.

A consent decree may resolve property division, debts, spousal maintenance, attorney fees, child support, legal decision making, and parenting time. Even when everything is agreed the court must be satisfied that property and maintenance terms are not unfair and that child-related terms are reasonable and consistent with the child’s best interests.

A well-drafted consent decree is specific enough to enforce. Amounts, dates, account numbers, deadlines, refinancing provisions, QDRO requirements, and every other obligation should be spelled out clearly. Vague consent decrees are future enforcement disputes waiting to happen.

Once the court signs the consent decree it is a binding court order. Both parties must follow it. If circumstances change and modification is appropriate a separate petition is required. The original decree does not modify itself.

 

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