What Are Recitals?

Recitals are the background statements at the beginning of a consent order.

They typically record assumptions, intentions, or understandings.

In more detailed/complex orders, they provide context for the terms of the order itself.

Why Are They Used?

Court orders can only be made when a law gives the court the power to make that order.

Recitals are used where something is important to record but does not form part of the order itself.

In a clean break consent order they are used to confirm that

1. this is intended to be a full and final divorce settlement;
2. that your personal belongings and contents have either:
   • been divided by agreement and you are each absolute owner of anything in your possession from this point on; or
   • will be divided by a certain deadline (the date will be in the paragraph); and
3. that neither of you will make any application under other legislation closely linked to your divorce for example the Trusts of Land Act
   and Appointment of Trustees Act 1996 or the the Married Women’s Property Act 1882.