(1) There are several reasons why a settlement might be in a consent order instead of a separation agreement. For example, a court order makes alimony terms modifiable in the future whereas they are generally not modifiable in a separation agreement, and a court order offers the contempt powers of the court for enforcement of any terms in the court order, whereas a separation agreement is enforced by a breach of contract lawsuit.
If all claims in the court file have already been dismissed, then you will not be able to have a consent order entered.
(2 & 3) If that is what was agreed on in the mediation and it is stated so in the Memorandum of Mediated Settlement Agreement, then the settlement will need to be in a consent order. Otherwise, as mentioned above, there are reasons why a consent order is preferred over a separation agreement and vice versa.
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