Glossary · Legal & Court

Consent Order

An order a court makes by agreement of the parties, often to record settled terms in an enforceable form.

What it is

A consent order is an order that a court makes because the parties have agreed to it, rather than after the court decides a contested issue. It allows the parties to put their agreement into the form of a court order. In debt matters, consent orders are often used to record agreed payment terms reached through negotiation or mediation.

Because it is a court order made by agreement, a consent order generally carries more weight than an informal arrangement. Whether a court will make a particular order depends on the rules in the jurisdiction.

Why use one

A consent order can give an agreed settlement a more secure footing, because breaching a court order may open the door to enforcement steps. This can give a creditor added comfort that agreed terms will be honoured. The parties usually prepare the proposed terms and ask the court to make the order.

This is general information only and is not legal advice. The process for obtaining and enforcing consent orders varies by jurisdiction — seek advice on your matter.

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