As the name suggests, consent orders is where both parties are in agreement with the orders to be made. Consent Orders are obtained by making an application to the Court with the proposed Consent Orders. Once accepted by the court, consent orders are enforceable, and failing to comply can be contempt of court.
The application for consent orders, to finalise a property settlement will include but not limited to, the details of the parties, the background of the relationship, a list of assets and liabilities of the parties, the contributions made by the parties during the relationship and also their future needs (having regard to their earning capacity, age, health etc.). The consent orders will clearly set out the obligations of each party in relation to either the division of assets and/or parenting matters.
Once filed, the Family Court will determine if the Orders are ‘just and equitable’. If the court is satisfied with the proposed consent orders, the court will accept the orders making the orders binding on the parties subject to the orders.
Where the parties are legally represented, the court is less likely to reject a final consent order.
Advantages of obtaining consent orders include:
Disadvantages of obtaining consent orders include:
We will work with you and consider your individual circumstances, and advise you on your best option moving forward. We ensure that you are fully informed in choosing the best approach.
Consent orders are not always required or necessarily, but where there is an asset division of some significance particularly real property, consent orders formalised in court can act as an insurance policy of sorts and provide you with greater security knowing that a court has validated your agreement with your ex-partner; but it may also be necessary where transfer of property is to take place and stamp duty is payable.
We will use our knowledge and skills in family law to develop a strategy to allow you to move forward with your life, after your separation.
Regardless of your matter progressing to court or settling amicably we:
To speak to a family lawyer about consent orders call us on 08 6181 0600 or otherwise please complete our online enquiry form.
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