If you and your former partner come to an agreement regarding parenting arrangements or property division, you may apply to the Court to have your agreement formalised by way of a Consent Order.
Consent orders are a Court Orders made by agreement between two parties. Consent orders are legally enforceable and provide the parties with security and accountability. The breach of a Consent Order can attract serious penalties. Generally there are two types of Consent Orders:
The Property Consent Orders commonly include provisions regarding spousal maintenance, superannuation divisions, lump sum payments, and the transfer of real estate properties. Property or parenting consent orders can be applied for at the same time or separately. Prior to making your application, it is important to obtain legal advice to ensure that your application complies with current legislation and is likely to be approved by the Court. Please contact our experienced team of Family Lawyers to discuss how we can help you make a successful application for consent orders.
There are generally three steps in a successful Consent Order application:
You must demonstrate to the Court that the parties have negotiated and come to an agreement. Negotiations can be done privately between the parties, mediation or through legal representatives. If you have found that privately negotiating with your former partner is unsuccessful, please contact us so we can advise you as to your rights and assist you in liaising with your former partner to achieve a mutually agreed outcome.
This process involves the preparation of the necessary papers to be filed with the Court. When pursuing either property or parenting orders, you will need to prepare the following documents:
There are several benefits of filing and drafting a consent order family law in a family court of Australia such as:
Our experienced team of Family Lawyers will advise you as to your rights and obligations. We will assist you in negotiating an agreement with your former partner, drafting all necessary documents for a successful application, and help you enforce your Consent Orders in the event of non-compliance. If there has been changes to your circumstances and you would like an existing Consent Order to be changed, we can help you reach an agreement that is appropriate in your new circumstances and help prevent breaches of Consent Orders which can attract serious penalties.
Please do not hesitate to contact us to discuss how we may best assist you.
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