What is a Consent Order?

Mary McMahon
Mary McMahon

A consent order is a legal document which provides information about an agreement mutually reached by the people involved in a legal case. Also known as a consent decree, this type of order allows people to settle a case without having to wait for a court judgment. It is legally binding, just like a judgment issued at the end of a trial. It is also possible to see an interlocutory consent order, an order which settles a point related to a case while the case is ongoing without determining the final outcome of the case.

When an agreement is legitimately signed, the terms of the agreement become legally binding.
When an agreement is legitimately signed, the terms of the agreement become legally binding.

In order to be legally recognized, a consent order must be recognized by a court. The parties to the order cannot have been coerced, threatened, or forced into signing. They may need to sign statements indicating that the contents of the order reflect a mutual agreement and that they were not forced into the agreement. Once the order has been endorsed by the court, it goes into effect and becomes enforceable.

In a divorce, parties can work out child custody, alimony, division of assets, and other details with their attorneys, who will prepare an order and submit it to a judge.
In a divorce, parties can work out child custody, alimony, division of assets, and other details with their attorneys, who will prepare an order and submit it to a judge.

This voluntary agreement can be a useful tool for resolving cases outside of court or bringing a case to a quick conclusion. As with any type of legal document, the parties involved should review it carefully to make sure that it does not contain anything unexpected. Any problems with the consent order should be identified and addressed before it is signed and submitted to the court, as amends or appeals are difficult once the document takes effect.

One situation in which a consent order might be used is in a divorce. The partners can work out child custody, alimony, division of assets, and other details with their attorneys, who will prepare an order and submit it to a judge. The judge confirms that the order is valid and endorses it, and the order takes effect. This spares the couple the time and expense of working out an agreement in court.

Time saving is a reason some companies and government agencies will attempt to resolve a legal issue with a consent order, if possible. For example, if a company wants to get another company to stop infringing on its intellectual property, it could file suit but also suggest that it would be amenable to a consent order in which it would drop the suit in an exchange for a cessation of the infringing activity. Likewise, government agencies sometimes use these orders to achieve rapid regulatory compliance.

Partners may spell out child visitation and custody issues in a consent order.
Partners may spell out child visitation and custody issues in a consent order.
Mary McMahon
Mary McMahon

Ever since she began contributing to the site several years ago, Mary has embraced the exciting challenge of being a wiseGEEK researcher and writer. Mary has a liberal arts degree from Goddard College and spends her free time reading, cooking, and exploring the great outdoors.

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Discussion Comments

precarious53

Two other common consent order forms are those issued by banks and the Environmental Protection Agency.

In order to use some chemicals, companies will be requires to sign a consent order issued by the EPA, requiring proper use, distribution, and disposal of toxic chemicals.

Bank consent orders are typically drawn up between said bank and a victim of foreclosure. This can ensure that no lawsuits occur because of disparities between the bank's opinion and the person foreclosed upon.

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