Things To Know About Filing A Consent Order Lawsuit And Winning

September 2, 2021    Familylawyers
Things To Know About Filing A Consent Order Lawsuit And Winning

Many separating couples manage to settle their property and parenting disputes without litigation. Parties are recommended to embody their agreements in writing with the help of family lawyers Perth. If you have separated from your spouse but never contemplated getting a consent order, then this is the right place for you.

Let us discuss few reasons why everyone should get a consent order, and what are the crucial factors that entail the aspect of the consent order.

Reasons For Filing A Consent Order

There are many benefits of filing a consent order. Some of them are as follows:

  • It draws a financial line on the relationship of the parties. Both parties can move ahead with their lives. There is no risk of the other party making sudden claims.
  • Consent orders ensure that compensation or redundancy payments, inheritances are not up for grabs within a specified time of separation. But this is not true for informal agreements without the approval of the courts.
  • It helps in avoiding misunderstandings. Informal agreements often give rise to arguments. Most of the time, the parties fail to remain on the same page in casual contracts.
  • Consent orders in Perth are enforceable by law. On the other hand, informal agreements include future arrangements concerning parenting or property distribution. The arrangements in casual contracts are often not in writing which leads to arguments and conflicts.
  • One of the parties may face a difficult situation shortly in terms of financial or health-related issues. Consent orders ensure that the party facing a misfortune cannot make more extensive claims.
  • Many settlements involve a transfer of property. Consent orders ensure that the stamp duty is not payable. Hiring a lawyer for a consent order costs less than paying stamp duty based on the other person’s share of the property.

When Can Consent Orders Be Applied For?

A consent order application can be made after the parties are separated. Separation under one roof is counted as separate as well. Therefore, it is not mandatory to stay indifferent residences. It is possible to apply for a consent order the day following your separation. The parties may be involved in litigation for a child’s custody. But consent order family law makes it possible to apply for property settlements alone. The reverse is also possible.

If the parties were married, financial consent orders could be applied after 12 months of the divorce. However, it is possible to apply for consent orders that extend the time limit. The time is two years from the date of separation when it comes to de facto relationships. If one party disagrees, an application has to be made to the court. But this triggers a litigation process, and an application for consent orders cannot be made anymore.

An application for a consent order usually gets approved within 4 to 6 weeks of filing it. If approved, the parties are notified about it. But sometimes, the consent orders are not granted by the judicial officers. If a judicial officer has further queries, both parties are summoned to provide more information. At this point, it is clever to go with legal advice.

How To Win A Consent Order

Consent orders can be won with the help of family law solicitors in Perth. But it is essential to find a good lawyer. You can focus on the following factors to get hold of a reasonable lawyer.

Check The Reputation

You should check the reputation of your lawyer before taking their advice. The lawyer needs to have adequate experience to provide you with proper guidance. You have to research the lawyer before approaching them. You can verify the record of the lawyer and determine their success rate. You can seek advice from those who have been in your situation previously. They will provide you some decent recommendations due to their personal experience in searching for a reputed lawyer.

Ask Relevant Questions

You should ask your lawyer some relevant questions to verify their knowledge. This will help you realize if the lawyer has sufficient experience in winning consent orders. Find out if the lawyer is dedicated enough to make everything in your favor. Your lawyer should be enthusiastic about getting you the consent order. Asking some relevant questions will help you analyze if your lawyer has all these qualities.

Compare The Price

It is mandatory for you to compare the fee of different lawyers. You should choose the one offering the best deal. The standard price for filing an application for a Consent Order is $165. Don’t let your lawyer charge you extra for that.

Get In Touch With Proficient Lawyers

Getting a consent order is good for avoiding future conflicts. So, if you are separating, do not forget to file an application for a consent order. You can hire the best family lawyers Perth.

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