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Consent Orders
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Even if separating parties can agree between themselves on things like parenting and financial matters, sometimes you still need Court Orders to make your agreement "legal".
The process is commonly called making an Application for Consent Orders. Consent Orders are a written agreement between the parties, which is then filed in court and upon approval by the Court, becomes a legally binding Court Order.
Can you do this yourself? Yes, of course, look at the Federal Circuit and Family Court of Australia's information page and Consent Orders Do It Yourself Kit.
Family law Consent Orders fall within two categories by themselves and can also be made for children or property orders together or each as a separate application by itself:
1) Parenting The kinds of Orders that can be made are include orders about parental responsibility, how decisions are made, who the child(ren) live with, when the child(ren) spend time a parent, holidays, and how a parent can communicate with the child(ren). This list is not exhaustive and there are many other types of orders that can be agreed between the parents and then made "by consent".
2) PropertyAgain, this is not an exhaustive list, but parties can come to an agreement and then make an application to the Court for consent order about how the matrimonial property is to be divided, including spousal maintenance, superannuation splits, lump sum payments, or the sale of the matrimonial home.
What is the process for obtaining family law Consent Orders?The process for obtaining family law Consent Orders is relatively straight forward. It is also more time and cost effective than other methods of resolving a family law dispute as it is a purely administrative process, and you are not required to appear before the court.
Benefits of Consent OrdersThere are a number of benefits in having Consent Orders. Some of the benefits are:
If you do not file within these time periods, you will be required to seek the leave (i.e. permission) of the Court and this is not always granted. So don't delay if you want Consent Orders for your property matters.. When seeking to finalise your family law dispute with Consent Orders, we recommend you get independent legal advice about your situation. At Alan McNeill Solicitors, we can explain the Family Law Act 1975 (Cth) and how the law applies to your case. We can also review and double check your paperwork you did yourself to ensure it is correct and won't be rejected by the Court. Our fees for Consent Orders, either for us to do it all for you or just to review what you have done yourself, are always fair and reasonable.
1) Parenting The kinds of Orders that can be made are include orders about parental responsibility, how decisions are made, who the child(ren) live with, when the child(ren) spend time a parent, holidays, and how a parent can communicate with the child(ren). This list is not exhaustive and there are many other types of orders that can be agreed between the parents and then made "by consent".
2) PropertyAgain, this is not an exhaustive list, but parties can come to an agreement and then make an application to the Court for consent order about how the matrimonial property is to be divided, including spousal maintenance, superannuation splits, lump sum payments, or the sale of the matrimonial home.
What is the process for obtaining family law Consent Orders?The process for obtaining family law Consent Orders is relatively straight forward. It is also more time and cost effective than other methods of resolving a family law dispute as it is a purely administrative process, and you are not required to appear before the court.
Benefits of Consent OrdersThere are a number of benefits in having Consent Orders. Some of the benefits are:
- Once Orders are made, they are final and it is extraordinarily difficult to change an Order once made.
- Once the Orders are made, they are enforceable by the Court.
- In respect of property matters, any transfer of property (including the family home) is exempt from stamp duty if it is transferred to a party or child of the relationship.
If you do not file within these time periods, you will be required to seek the leave (i.e. permission) of the Court and this is not always granted. So don't delay if you want Consent Orders for your property matters.. When seeking to finalise your family law dispute with Consent Orders, we recommend you get independent legal advice about your situation. At Alan McNeill Solicitors, we can explain the Family Law Act 1975 (Cth) and how the law applies to your case. We can also review and double check your paperwork you did yourself to ensure it is correct and won't be rejected by the Court. Our fees for Consent Orders, either for us to do it all for you or just to review what you have done yourself, are always fair and reasonable.