Couples often need to set up financial or parenting arrangements after separation. Consent orders Perth are often required to resolve all these legal arrangements. It is a legally binding method by which the parties can formalise arrangements without attending court. This blog will discuss more about consent orders and the documents required for filing them.
Firstly, it is important to know what these consent orders are. It is a legal agreement approved by the Family Court of Australia that deals with the arrangements for children and financial affairs or property division after the separation of a de facto or married couple.
Once the Court seals the consent order, it is legally binding and has the same weight as a court order. When people need to avoid courts and trials but want to confirm a legal basis for their mutual agreements, they opt for family law consent orders.
Clear, precise and accurate documentation is required during the application process. The Family Court of Western Australia requires the documents in order to determine if the agreed terms are fair and aligned with the Family Law Act 1975. The following are the main documents often required:
This is the main document of the submission. It describes what you and your former partner want the court to approve. The application contains information on your relationship, financial position, liabilities and income. It also includes details of children’s arrangements, if any. Both parties should sign the application for consent orders WA before document submission.
This document lists the exact orders you’re asking the court to make. It is a formal record of your agreement, detailing how assets will be divided, what payments (if any) will be made, or how parental responsibilities will be shared. The court reviews this to ensure it is fair and practical.
When applying for property or financial orders, both parties must provide full financial disclosure. This includes:
Transparency is vital here because the court will check if any party is hiding or misrepresenting assets.
It is not generally required. But affidavits may be useful if there are any special circumstances that need to be explained in writing. Such a statement has to be sworn or affirmed before an authorised person. It can help clarify the details that the forms might not fully cover.
It is required when children are involved. This document will have to highlight custody, living arrangements, communication schedules, and educational decisions. The court ensures these arrangements prioritise the children’s best interests.
When your paperwork is prepared, you can file your application for consent orders in WA either online through the Commonwealth Courts Portal or in person at the Family Court of Western Australia. Prior to submitting your application, both you and the other party must have signed the application and the Minute of Consent Orders.
If you are submitting your application online, all documents should be scanned and easily readable when uploading them in PDF form. The court will review your materials. Usually, you do not need to go. The judge will sign the orders if the application complies with every legal requirement and seems fair to both parties. Once signed, they become legally enforceable.
The processing time depends on the workload of the court. Most applications are completed in four to eight weeks. When the magistrate approves the consent order in family law, each party will get a sealed copy.
Seeking guidance from family lawyers in Perth can help in the following ways:
The process of applying for consent orders in Perth can be effortless or excruciating. Everything hinges on appropriate documentation and meticulousness. When the appropriate documents are filled out and handed in to the court, they may swiftly bring your agreement into effect. Your documentation is in accordance with the legislation when you engage with the best family lawyers in Perth.
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