This is not the only format that can be used, but it is a commonly used format. Consent orders are different from regular court orders, in that a consent order would reflect the terms that you and your spouse work out between you whereas a regular court order would reflect a judge's rulings on all the issues that have been tried in his or her court. You might also agree, even though no one had previously initiated litigation, to put all or part of your settlement into a consent order because of some perceived advantage of a court order over a contract in your particular case. There is also a higher standard imposed in North Carolina for modifying custody and child support orders than the standard used for obtaining an initial judicial declaration as to custody and child support. In general, showing changed circumstances can be a difficult burden to meet.
Settlement is preferable in almost every case for any number of reasons.
In almost all cases, resolution through settlement is less costly, less prolonged and less emotionally draining than litigation. The changes in family living arrangements alone causes temporary adjustment problems for the most sturdy of individuals. Added to such changes is all the uncertainty involved in allocating family financial resources that once went to one intact family unit and must now stretch to meet the needs of two households. It is, then, little wonder that many families feel crushed by the extra emotional wear and tear of having to deal with court papers, including the burdensome discovery process of sharing written documents and answering written or oral questions, the selection and interviews of potential witnesses, and all the anxiety of formal court proceedings. Litigation is enough of a strain when it doesn't feel like the whole web of one's life is falling apart all at once.