A Compassionate Advocate
For Arizona Families

What is a consent decree?

On Behalf of | Nov 30, 2023 | Divorce

The Centers for Disease Control and Prevention reported a 2.7 per 1,000 divorce rate for Arizona in 2022. In the realm of divorce proceedings in the state, a term that often surfaces is consent decree.

A consent decree plays an important role in an uncontested divorce, but what is it and how does it work?

Consent decree defined

A consent decree is an agreement between divorcing parties regarding the terms of their divorce. Rather than relying on a court to make decisions on issues, such as property division, spousal support and child custody, the spouses collaborate to reach a mutual understanding. Once they finalize their agreement, it becomes a consent decree.

Purpose of a consent decree

A consent decree helps streamline the divorce process. By coming to a consensus on key issues, the divorcing parties can avoid lengthy court battles and contentious legal proceedings. This not only expedites the divorce but also allows the couple to maintain a greater degree of control over the outcome by shaping the terms of their separation.

Legality of a consent decree

Once the document receives court approval, the consent decree is legally binding. Both parties must adhere to the terms and uphold their responsibilities. Failure to comply can result in legal consequences.

For couples who want to avoid a court battle when ending their marriage, a consent decree may play an important role in the divorce process. It has some benefits and can be an essential tool to help both parties make a smoother transition into the next chapter of their lives.