CONSENT ORDERS

PARENTING ARRANGEMENTS AND DIVISION OF PROPERTY

Upon separation, you will need to consider parenting arrangements for children and/or the division of the matrimonial property pool.
This can be achieved in a number of ways, including:

  1. By coming to an agreement between yourselves, without court involvement, and informally dividing up the assets and/ or come to an arrangement for your children.
  2. If you and your former spouse agree, you can formalise your agreement by:
    1. A parenting plan (parenting matters and parenting arrangements)
    2. Applying for a consent order in the Family Court
    3. Entering into a financial agreement (in respect to property settlement, spousal maintenance matters only)
  3. If you cannot agree, you can apply to the court for financial orders which relate to property settlement, spousal maintenance, child support, and parenting matters (for more information, see court process).

APPLICATION FOR CONSENT ORDERS

Once an agreement is reached the following documents will need to be filed in the Family Court of Australia registry:

  1. An Application for Consent Orders requesting that the court make orders in the terms of your agreement
  2. Minutes of consent, which set out the terms of any agreement

There is a filing fee which will need to be paid upon filing the documents. This fee changes from time to time so contact us for the most up to date fee. Once approved by the registrar, a consent order is binding and enforceable as if the matter was decided on a final basis by the court.

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PREFERENCE FOR CONSENT ORDERS

The obvious benefit of entering into a consent order is that you do not have to experience the costs and stress associated with litigation.

A consent order is preferred over a financial agreement (in property matters) and a parenting plan (in parenting matters) for the following reasons:

  1. The Family Court must be satisfied that the proposed consent order is just and equitable in all circumstances, so the terms are more difficult to set aside
  2. Consent orders can be all encompassing (dealing with property matters, parenting matters, and maintenance)
  3. Parenting plans are not binding enforceable, and therefore simply provide a guideline for parenting arrangements and are evidence of an agreement that was reached
  4. Consent orders require the approval of a registrar of the court, and once approved are binding and enforceable upon the parties
  5. Consent orders are more cost effective because there are less technical requirements than binding financial agreements and it is not mandatory for each person to receive independent legal advice (although it is always recommended to seek independent legal advice when entering into consent orders).

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What if a Consent Order is Beached?

Once sealed by the court, you and your spouse are bound by the terms of the order until they are varied or terminated. The terms will only be terminated in particular circumstances, and can only be varied by further order of the court or by further written agreement.

A breach of a consent order can lead to contravention orders or, in more serious cases, contempt proceedings. They are therefore the most highly recommended method of documenting parenting arrangements and property settlements, as they offer the highest protection for the parties.

Can Consent Orders be Changed or Terminated?

Yes, Consent Orders can be varied or terminated under specific circumstances. However, this usually requires a further court order or a written agreement between the parties.

How Can Ramsden Lawyers Assist With Consent Orders?

At Ramsden Lawyers, our team of family lawyers can guide you through the process of obtaining Consent Orders. We can ensure that your agreement is fair, comprehensive, and legally binding. We will take the time to actively listen to you to gain an understanding of your situation and objectives, from there we will provide you with specific legal advice that is tailored to your situation.

How Do I Get Started with Applying for Consent Orders?

To get started please do not hesitate to contact us to schedule a free initial consultation. We will help you to understand your options and guide you through the process of formalising your agreement with Consent Orders. Please do not hesitate to contact us.

Client Focused Approach and Trust

One of our highest priorities is establishing trust with our clients. From your initial consultation, you will experience a warm and supportive environment where your concerns will be heard and valued. We dedicate the time to understanding your specific circumstances, ensuring our services are tailored to meet your specific needs throughout your legal journey with us.