Consent orders are usually a great outcome for you if you can come to an agreement with your former spouse. A consent order is a form of a court order when the involved parties have already come to an arrangement outside of the court to look to make the agreement official.
In consent orders, there are no court hearings, and here, the parties involved draft their own orders and apply to the court to have the orders approved. After the consent orders family court accepts and approves an application for consent orders, and the orders become enforceable. In this guide, you will learn more about consent orders and how long it takes to process in Australia.
You can easily make family court consent orders for any kind of property settlement, children custody and spousal maintenance. You can apply for multiple types of consent orders, whether they are financial or parenting at the same time.
When both individuals sign the consent orders, it proves to the court that they have reached an agreement. Consent orders can also change or end current family court orders.
No, a consent order does not expire unless and until there is an expiry date in the order.
An example of a consent order for any property order is something like this:
‘Within 40 days of making these orders, the husband is to sign all the documents and do all things required to transfer his interest in the property located at Perth to the wife. Along with the above order, the wife has to pay the husband a sum of $400,000.’
The above is an example of an application for consent orders in family court that can be made for a property split. Various types of orders can be made based on what you and your ex-partner want to achieve. There are many things that are associated with a consent order.
An example of a consent order for parenting orders will be something like this:
‘That the children will spend time with the father every second Saturday from 2 pm till Tuesday 9 am. That the changeover location for the children will be at the school.’ You can make different types of orders about child custody-related problems as long as there is an agreement between both people.
When you are applying for consent orders, you need to complete an “Application of consent orders” form. This is a form of document that is around 25 pages, and if you are applying for property orders, both parties have to disclose all important financial and personal information. This can include disclosure of the assets and their values.
When applying for parenting orders, you must disclose certain things. In terms of property matters, the court will only be able to make orders that it thinks to be just and equitable. You also need to file a consent order minutes of consent for accompanying the application form.
It is important that you know about the consent order family law. You will reach a friendly agreement on parenting and property orders with your former spouse before you draft the consent orders. But, in some cases, you may not agree with these arrangements.
Based on the behavior and attitudes of both parties during the time of negotiation, it can contribute considerable time to the overall process of organizing court orders. This is why experts recommend seeking the help and support of a reputed lawyer who understands the relevant legislation.
After the arrangements have been agreed upon, you need to draft an application for consent orders and minutes of consent orders that can detail the full terms at hand. To ensure the documents are legally enforceable and to prevent delays, you need to take the help of an expert lawyer to draft them.
If not, the court might return the documents with requests for more action needed; this can be a time-consuming step that can easily be avoided. You might need to prepare and file extra documents based on the circumstances. For instance, you must submit an affidavit if you were in a de facto relationship or if your financial order involved splitting superannuation; you might need approval from your fund.
After this, you must file all the important documents in the family court for approval. Consent orders are reviewed for a standard application and issued after four to six weeks of submission. Before you opt for Perth family lawyers, you must know that the duration will depend on the resources of the family court and the number of applications they are reviewing.
You may be able to apply for urgent processing in specific circumstances. You need to know that a parenting order application might be filed at any time after separation. But, a property order application needs to be lodged within one year of divorce or after two years of de-facto separation.
After the court is satisfied that the proposed agreement is proper and equitable, the orders can be made, and their terms will be legally binding. After this, every party involved will receive a copy of the orders.
Even when both parties can provide their consent to the agreement, the family court can refuse an application for consent orders if they think the agreement is unfair. They may even reject it based on the feeling that one of the parties needs to receive more.
If rejected, the court might ask for more information from the parties or ask you to file another affidavit to explain why you think the orders you want are just and equitable. You may need to opt for legal help or advice in such matters.
If you are having problems filing and drafting consent orders in a family court, you may need to take the help of family law lawyers in Perth. You can contact Family Lawyers Perth WA, to access the best lawyers in your area who can help you in filing and drafting consent orders. If there are negotiation problems with your ex-spouse, lawyers can help you here too.
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