Jonathan Herring discusses enforcing
As the family lawyer trudges home after many hours of work his heart is slightly lighter because the day involved a sensible negotiated settlement of a complex case. There were handshakes all round, and although no one was delighted, or even happy, there was a sense of relief that a deal had been struck that was just about acceptable to everyone. But our lawyer’s lightness of heart may be forgotten the next morning when greeted by news that the other side has decided to pull out of the agreement. Inevitably the client will want to know: are they allowed just to pull out of the agreement having shaken hands on it?
Consent orders
Well, yes, is the answer. Until the court makes a consent order, the agreement of the parties is not legally binding. That is why it is sensible to get a consent order made as soon as possible after the agreement has been reached. A judge might be persuaded that if a party pulls out of a negotiated settlement for no good reason then an order in line with
