change headnote - no provision under the M(SSC)A for making financial orders
The current precedent headnote for consent orders gives three options for the regime under which the financial order is to be made:
The third should not be there. There is no provision under the M(SSC)A for making financial orders (unlike the CPA).
What the M(SSC)A does is to extend the existing statutory provisions re marriage to same sex couples.
So financial orders for divorcing same sex couples will be made under the MCA 1973.