What are Consent Orders?
Consent orders are an approved agreement which can relate to parenting or property. Consent orders are approved by the family court once an agreement is met, parties can apply to formalise the agreement and make it legally binding through the Family court. Consent orders legally confirms your agreement and can encapsulate parenting and financial arrangements for the child/ren.
Why would I need consent orders?
If you and your former partner cannot come to a agreement regarding parenting arrangements or matrimonial assets, a consent order/s can formalise this agreement through the Family Courts. The benefits of consent orders is that once a decision is made it is final, it is extremely difficult to reverse a consent order unless it is agreed upon by both parties. Consent orders are enforceable by the court.
What is the process of obtaining consent orders?
A consent order/s is a cost effective way to resolving family disputes. Obtaining consent orders requires three steps. The first step is negotiating with the other party to reach an agreement. This can be done through the parties themselves or through lawyers. During this stage both parties need to be open to negotiation and considerate.
The next step is drafting stage. This involves the preparation of documentation to present to the court. To successfully file to the court, you are required to file the following documents:
Application for family consent order
The consent order
Annexure to proposed family law Consent Orders
Notice to third parties
The final step is submitting all the documentation to the court.
When filing for consent orders, it is important to obtain legal advice. Our lawyers can assist you in knowing your rights regarding the Family Law Act.