Consent Orders – What are they?
Consent Orders are a way for parties to formalize an agreement they’ve reached dividing their assets and liabilities or formalizing the arrangements for the future care of their children Without having to go to court. It is done by making an application to the Family Court Which sets out the specifics of the agreement that you’ve reached. Once the court makes Orders in accordance with your agreement it becomes legally binding in the same way as if the court had made Orders pursuant to a contested hearing. Property settlement Orders and the financial relationship between you and Orders a formalizing your parenting arrangements give you both peace of mind for the future.
What financial matters can and can’t a Consent Order deal with?
Financial Consent Orders include the transfer of assets between the parties on the sale of assets and the division of the net proceeds of sale. Any assets can be included such as real estate, bank accounts, trusts, companies, cars and superannuation.
Financial Consent Orders cannot however deal with child support matters. The child support agency typically looks after the payment of child support and you can enter into your own private child support agreement if you want to However these are not matters that are covered by Consent Orders.
Do I need to obtain legal advice for Consent Orders?
It is not mandatory for parties to Consent Orders to have obtained their own independent legal advice although it is generally a good idea as it gives both parties peace of mind that they are entering into Is an informed decision. Some parties obtain their own independent legal advice and then come together to reach their own agreement And then have it drafted without any further legal advice being obtained.
Are Consent Orders enforceable in the Family Court?
Once the family court makes Consent Orders in accordance with your agreement they have the same force and effect as if a court had made the Consent Orders pursuant to a contested hearing. This means that if the Consent Orders are breached by one party then the non-defaulting party can take a matter back to court and ask the family court to enforce the Consent Orders Or for some other appropriate remedy. Typically however once court Orders are in place most people comply with them especially if they have been made following an agreement reached between them.
Is there a cooling off. When signing Consent Orders?
Once Consent Orders have been made there is no cooling off. And you have no opportunity to change your mind. If it is for this reason that you should carefully consider all of the provisions in any proposed Consent Orders and obtain independent legal advice in relation to them if you are at all uncertain prior to signing them. You do have an opportunity between when the documents are filed with the criminally court and when the Orders are made to withdraw your Consent as the court cannot make Orders if your Consent is withdrawn.
What are the main advantages of Consent Orders?
The main advantage of obtaining Consent Orders is the peace of mind that it gives to both parties. A Consent Order will finalize your matter in relation to your property settlement and in sure that neither party is able to come back in the future for another settlement. parenting Consent Orders will also set in stone in the future arrangements for your children so that neither party can change their mind if they circumstances change in the future. Whilst there are costs associated with obtaining Consent Orders most people find that this is far outweighed by the benefits.