sec.15ACourt may make order by consent

### sec.15A Court may make order by consent Notwithstanding any jurisdiction otherwise had, a court may, subject to this section, make an order under this part for the payment of maintenance— where the defendant states that he or she has no cause to show why an order should not be made against him or her; and where the defendant admits the truth of the complaint; and where both the complainant and the defendant consent to the amount that the defendant is to be ordered to pay and inform the court of that consent. A court shall not make an order under this section unless the complainant and the defendant adduce, by admissions, either orally or in writing— in the case of a person for whose benefit the order is to be made—full particulars of the means, reasonable needs and accustomed condition in life of that person; and in the case of a person against whom an order is to be made—full particulars of that person’s means, earning capacity and ability to pay maintenance; and in either case—any relevant particulars that the court considers necessary or desirable. The court may, in its discretion, refuse to make the order for the amount referred to in subsection (1) (c) , whereupon— with the consent of the complainant and the defendant, the amount the defendant is to be ordered to pay shall be determined by the court; or if the complainant and the defendant do not give the consent specified in paragraph (a) —the hearing upon the complaint shall commence de novo. Where the hearing upon a complaint is commenced de novo pursuant to subsection (3) (b) , evidence of admissions made for the purpose of obtaining an order by consent under this section shall not be admissible at that hearing. Upon the hearing of a complaint under this section the complainant and the defendant shall appear before the court in person or be represented before it by counsel or solicitor. Any oral admission made under this section shall be recorded by the court and if an order is made by consent under this section become part of the record of that consent proceeding. s 15A ins 1974 No. 27 s 3 (sec.15A-ssec.1) Notwithstanding any jurisdiction otherwise had, a court may, subject to this section, make an order under this part for the payment of maintenance— where the defendant states that he or she has no cause to show why an order should not be made against him or her; and where the defendant admits the truth of the complaint; and where both the complainant and the defendant consent to the amount that the defendant is to be ordered to pay and inform the court of that consent. (sec.15A-ssec.2) A court shall not make an order under this section unless the complainant and the defendant adduce, by admissions, either orally or in writing— in the case of a person for whose benefit the order is to be made—full particulars of the means, reasonable needs and accustomed condition in life of that person; and in the case of a person against whom an order is to be made—full particulars of that person’s means, earning capacity and ability to pay maintenance; and in either case—any relevant particulars that the court considers necessary or desirable. (sec.15A-ssec.3) The court may, in its discretion, refuse to make the order for the amount referred to in subsection (1) (c) , whereupon— with the consent of the complainant and the defendant, the amount the defendant is to be ordered to pay shall be determined by the court; or if the complainant and the defendant do not give the consent specified in paragraph (a) —the hearing upon the complaint shall commence de novo. (sec.15A-ssec.3A) Where the hearing upon a complaint is commenced de novo pursuant to subsection (3) (b) , evidence of admissions made for the purpose of obtaining an order by consent under this section shall not be admissible at that hearing. (sec.15A-ssec.4) Upon the hearing of a complaint under this section the complainant and the defendant shall appear before the court in person or be represented before it by counsel or solicitor. (sec.15A-ssec.5) Any oral admission made under this section shall be recorded by the court and if an order is made by consent under this section become part of the record of that consent proceeding. - (a) where the defendant states that he or she has no cause to show why an order should not be made against him or her; and - (b) where the defendant admits the truth of the complaint; and - (c) where both the complainant and the defendant consent to the amount that the defendant is to be ordered to pay and inform the court of that consent. - (a) in the case of a person for whose benefit the order is to be made—full particulars of the means, reasonable needs and accustomed condition in life of that person; and - (b) in the case of a person against whom an order is to be made—full particulars of that person’s means, earning capacity and ability to pay maintenance; and - (c) in either case—any relevant particulars that the court considers necessary or desirable. - (a) with the consent of the complainant and the defendant, the amount the defendant is to be ordered to pay shall be determined by the court; or - (b) if the complainant and the defendant do not give the consent specified in paragraph (a) —the hearing upon the complaint shall commence de novo.