![]() If a consent decree is created as the product of a fraud, or if it contains factual or procedural errors, then the court may choose to “set it aside,” or reject it as a legitimate settlement agreement.Ī divorce consent decree is a settlement agreement issued at the end of a matrimonial case wherein the parties reach an agreement on all of the outstanding issues, from alimony to child support. If one party does not hold up his end of the bargain as he agreed to do in the decree, then the other party can bring him into court on the charge of contempt. However, in criminal cases, the judge may prefer to analyze the case a little more in depth before signing off on the decree. With civil cases, the judge will typically review and sign the decree right on the spot. The settlement then becomes an official order of the court. Then they file the lawsuit just so the judge can enter the settlement on the record as a way of binding the parties to its terms. The parties settle the matter before the even file a lawsuit.A lawsuit is filed, the parties go before the judge, and a settlement is reached after the judge has ruled on some of the issues within the case.A lawsuit is filed, and the parties agree to settle the matter before it has the chance to be put before a judge.A consent decree can result from any of the following three situations:
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