The idea of a consent order is to formalize an agreement you make with your ex-spouse. Such an agreement must be freely concluded between the two of you, which means that you are free to negotiate a change of agreement at each stage before signing. It is also unlikely that the court will maintain a clause preventing either party from taking legal action to challenge the agreement. If you think your financial divorce settlement is unfair because of Covid 19, then your legal options depend on what you want to change about your financial bill, why, and the status and timing of your financial account or family decision. For example, in summary, it is rare for a divorce regime to be reopened. The court will only consider reopening divorce proceedings in exceptional cases, either if a spouse has not made a full and honest disclosure of his or her assets and income in divorce proceedings, or if the circumstances of a spouse have changed significantly since the agreement. You can use a separation agreement if you and your ex-partner are considering divorce or breaking up your life partnership, but they have not decided to separate. In order for a separation agreement not to be called into question, you and your ex-partner must be open about your finances. It is called „financial disclosure.“ If a party`s finances have changed dramatically or if the circumstances of support change dramatically, so that their incomes fall sharply or lose their jobs, they can also ask the Court of Justice to either reduce support or reduce it altogether.
In addition, with regard to the maintenance of children, this may also be modified by a change in the circumstances of child care. The Court does not have the power to make changes to an approval decision, even if it appears to be simple. For example, the amount of a lump sum payment you agree between you cannot be changed in an approval order. So if you agree to change the amount later, you must set aside the original order and submit a new order. In fact, one of the first questions that many of our clients ask us is whether it is possible to have a clean break from their other half after the divorce, with all finances completely separated (usually it is, but it is not suitable for everyone, so it is important to get legal advice). Yes, they can do so if they are properly established with independent legal advice on both sides. The weight they place in court depends on the content of the agreement and the circumstances in which they were concluded, which we discuss later. It is a much more formal process than the development of a separation agreement.