Monday to Friday:- 8:45am – 5:15pm (Melbourne Office)
What are consent orders?
Consent Orders are obtained by making an application to the Court with the proposed Consent Orders. As the name suggests this is where both parties are agreeing or consenting to the order. Consent orders are generally very enforceable and parties can be held to account to discourage non-compliance.
The application will include such matters the details of the parties, the background of the relationship, a list of assets and liabilities of the parties, the contributions made by the parties during the relationship and also their future needs (having regard to their earning capacity, age, health etc.). The consent orders will clearly set out the obligations of each party in relation to either the division of assets and/or parenting matters.
These orders will be subject to the Court determining that the Orders are fair and equitable. If the court is satisfied with the proposed consent orders, a copy of the Orders sealed by the Court will be provided to the parties and the Orders then become binding.
Advantages of Consent Orders
Advantages of obtaining consent orders include:
- family consent orders are legally binding;
- any applications for enforcement of the Orders is a simpler process as the Court does not have to determine if the orders are valid and enforceable (in contrast with a BFA);
- it is harder to have Family Law Orders invalidated; and
- it is not a prerequisite for each party to obtain independent legal advice.
Disadvantages of obtaining consent orders include:
- more information is required to be provided (as the Court needs to be satisfied that the orders are fair and equitable).
- there is a court filing fee and you will need to wait for the orders to be sealed and returned to you (assuming they are accepted by the Court).
By working with you and your individual circumstances we will present you with options so that you are fully informed in choosing the best approach. Consent orders are not always required and can be unnecessary, however it can be a vital insurance policy of sorts and provide you with greater security knowing that a court has validated the agreement.
Our family lawyers will develop a strategy to and strive to get your best result the property settlement.
Whether the matter progresses to court or settles amicably we:
- will ensure that you understand your rights and responsibilities and can be assured that your family lawyer is working hard to protect your rights; and
- provide you with clear, confidential advice and tips on how to make the process easier.
To speak to a family lawyer about consent orders call us on 1300 907 335 or otherwise please complete our enquiry form form.
Client Testimonials
Thank you Theresa, Douglas, Philip, Alisha and all those who helped us return peace of mind. I’ll recommend you to my friends. We are happy with your work.
PCL Lawyers were recommended to me by a friend, and true enough to their reputation, they did not disappoint! Theresa Morgante, and her team were amazing from day one! Their professionalism was outstanding. I was shown great care through the whole process and I was pleased with the outcome. The weight is lifted off my shoulder. I would 100% recommend PCL Lawyers. A huge thank you Theresa and team!
I was so pleased with my Divorce lawyer (Theresa) Theresa was a phone call away. If I wasn’t sure about legal issues. Theresa explained it to me. Very professional esay to speak to. Which I think it’s very important. Thank you Theresa.
Theresa was incredible and the team at PCL lawyers were caring upfront and honest. I have never had to engage in legal assistance ever and was recommended by my local firm to Theresa and I’ll be forever grateful. My experience with PCL lawyers was professional and I will always recommend them to anyone needing support in family law. Theresa is exceptional I highly recommend
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