Common Challenges in Applying for Consent Orders in WA and How to Overcome Them

January 23, 2025    Family Lawyers Perth
Common Challenges in Applying for Consent Orders in WA and How to Overcome Them

As per the Australian Bureau of Statistics, in 2023, 48,700 divorces were granted in Australia. No matter how flowery the path you have wondered about marriage would be, sometimes you might get the thorns instead of the bed of roses. Responsibilities do not end when a marriage does.

In fact, resolving disputes about property, finances, and parenting arrangements can be a handful. In these tough times, many people in Australia lean on family lawyers in Perth WA.

This is mainly due to the fact that both parties prefer to formalize their agreements through consent orders, which are legally binding and approved by the family court.

Even though this process is known to offer clarity, there are a range of challenges that can come your way.

In this blog, we will have a look at these common hurdles and how you can overcome them.

The challenge of understanding the legal framework

  • The problem

One of the first barriers you have to face is the difficulty in understanding the challenging legal framework of the consent orders. All the reputed family lawyers in Perth want you to know that the court needs strict compliance with specific criteria before even granting an order.

  • The solution

As an individual trying to swim through the intricacies of the world, you have to familiarize yourself with the Family Law Act 1975. Moreover, you can seek assistance from a reputed family lawyer to make sure that the agreement aligns with your legal needs.

Drafting the consent order challenge

  • The problem

Consent orders are court orders made under a two-party agreement. They are legally enforceable and offer the parties both accountability and security. Serious penalties can be inflicted if there are any breaches or discrepancies.

Drafting the application for consent orders can be daunting for people who are not familiar with the jargon. Moreover, poorly drafted applications might face delays in processing.

  • The solution

For Consent Order Family Law, there are templates provided for drafting the orders, which can be a starting point. However, nothing quite matches the guidance of a legal professional. Therefore, consider hiring a lawyer to draft and review the documents. You can rest assured that there will not be any risk of rejection.

Court processing delays

  • The problem

The last thing you would want is a delay in the application for consent orders in WA. The family court of WA might take many weeks to review and approve a consent order application. When it comes to delays in financial statements or urgent parenting arrangements, there is a lot at stake.

  • The solution

Make sure to double-check the application, which includes all the needed forms and the prescribed fee. However, you can avoid all the intricacies of delayed processing if you seek assistance from an expert.

Making changes to any existing orders

  • The problem

When it comes to the sensitive circumstances of separation, it is understandable that both parties might want to change the arrangements. All the consent order lawyers understand that.

The trouble here is that modifying any existing order needs consent from both parties or court involvement again.

  • The solution

Open communication between both pirates regarding the need for modification and purpose is a must! Consider contacting Perth family lawyers to facilitate discussions and find common ground.

If consensus is not attainable, you can apply to the court to vary the original order.

Agreement that is not future-proof in the first place

  • The problem

While it is true that changes can be incorporated when and if any needs arise (with the agreement between both parties), there are angles of an agreement that might be out of hand when it comes to any adjustment.

  • The solution

This is less of a solution and more like a precaution. A common error in getting a consent order is failing to make sure that the agreement is future-proof. You have to consider the assets and liabilities in the first place, along with future financial concerns. Overlooking these mistakes can lead to several disputes down the road.

Wrapping Up

In conclusion, we would like to say that divorce or separation can be emotionally challenging. The last thing you would want is to take on the burden of taking care of the legal matters alone. Seasoned with quality attributes and a sound knowledge of Consent Order Family Law, the best lawyers can effortlessly glide you through the sea of legal jargon and challenges.

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