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FAQ: Varying the terms of a consent order

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The Law Society’s Library lists precedents for a deed varying the terms of a consent order

Precedents for a deed varying the terms of a consent order

Practical Matrimonial Precedents (looseleaf, 1988- ) Volume 1:

  • Precedent B4(i): Deed varying terms of order. This deed is for use only where it is not possible for the agreement to be dealt with by way of incorporation in a court order.
  • Precedent B4(h) (and footnotes). A specimen order varying a capital order where it states that such a deed is unsatisfactory but that it may be the best that can be done in certain circumstances.

Bird, Financial Remedies Handbook. 10th ed. (2015):

  • Appendix A, Precedent 31. Forms of court order for variation applications.

Commentary

Bird, Financial Remedies Handbook. 10th ed. (2015):

  • An application to vary a consent order is contained within the definition of ‘financial remedy’. There are therefore no separate rules applicable to such an application and it should be conducted according to the normal rules applicable to ancillary relief. See Bird, Financial Remedies Handbook, 10th ed, (2015) paras 13.16 and 13.17. Application is made on Form A p. 314-325 (the Family Procedure Rules 2010, SI 2010/2955, r. 2.3).

Record last checked 29 September 2015

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Disclaimer

This FAQ is compiled by the Law Society Library. Comments relating to the questions should be sent to library@lawsociety.org.uk. While every effort has been made to ensure the accuracy of the information in this article, it does not constitute legal advice and cannot be relied upon as such. The Law Society does not accept any responsibility for liabilities arising as a result of reliance upon the information given.

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